The Supreme Court were of the unanimous view that the introduction of ET fees was unlawful. This was on the basis that the UK Government acted beyond the scope of its statutory power and that ET fees prevent access to justice and therefore breach common law, EU law and the Equality Act. This is in line with the Scottish Government's existing interpretation of Tribunal fees and their abolition.
The Supreme Court has additionally indicated that all fees paid previously will be reimbursed. This is a very significant decision.
See, https://www.unison.org.uk/news/article/2017/07/tribunal-fees-victory
