The Supreme Court has decided that tribunal fees for job loss are unlawful and a barrier to justice, abolishing them with immediate effect. An employee can now take an employer to tribunal if they simply claim he has treated them “unfairly”. There is some weeding out of preposterous claims by the Conciliation Service ACAS, but basically all employers are fair game.

The Supreme Court with only two out of its twelve justices having any contact with commercial or labour law can have no idea the effect of a spurious or frivolous claim can have on the one million or so businesses who cannot afford to maintain a dedicated legal department or even retain a labour lawyer to represent them. So most pay up a few thousands of pounds to be rid of the problem – though to rub salt in the wound, they may have to continue employing the complainant. Not surprisingly, with no fees to risk, the number of claims at employment tribunals has increased by 165% in the April-June quarter, compared with the same period in 2017. The average award for unfair dismissal has now risen to £15,007.

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