Following the abolition of employment tribunal fees, the Employment Tribunal has handed down an interesting judgment in the case of R (on the application of Unison) v Lord Chancellor.
The Claimant was employed by Tesco and brought an original claim of disability and age discrimination which was raised within the applicable deadline. However, the Claimant was required to pay an issue fee. Ultimately the Claimant failed to pay this fee and subsequently her claim was rejected.
The Claimant sought to argue that since Employment Tribunal fees have been found to be unlawful the rejection of her claim for a failure to pay fees was similarly unlawful. The Claimant’s secondary position was that the Employment Tribunal should grant a “just and equitable” extension of time under section 123(1)(b) of the Equality Act 2010.
The Employment Judge hearing the case agreed and granted an extension of time taking into account the fact the Claimant had tried to bring a claim in time but had this opportunity denied by the rejection of her first claim for non-payment of what were unlawful fees.
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