It held that fees for employment tribunals are unlawful because they impede access to justice, and defy the rule of law.
The Lord Chancellor purported to exercise this power under section 42(1) of the Tribunals, Courts and Enforcement Act 2007.
It was argued that "the making of the Fees Order was not a lawful exercise of those powers, because the prescribed fees interfere[d] unjustifiably with the right of access to justice under both the common law and EU law, frustrate the operation of parliamentary legislation granting employment rights, and discriminate unlawfully against women and other protected groups".
[2] The Supreme Court unanimously held that employment tribunal fees were unlawful.
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