A massive win for all workers

NOTE: This article was published on 29 July 2017The Supreme Court has ruled that employment tribunal fees are unlawful in a case brought by Unison. Reacting to the decision, Unison General Secretary Dave Prentis commented on 26 July: Today’s Supreme Court ruling is the most significant judicial intervention in the history of British employment law.…

NOTE: This article was published on 29 July 2017

The Supreme Court has ruled that employment tribunal fees are unlawful in a case brought by Unison. Reacting to the decision, Unison General Secretary Dave Prentis commented on 26 July:

Today’s Supreme Court ruling is the most significant judicial intervention in the history of British employment law. This result is a massive win for our union and a massive win for all workers, whether they’re UNISON members or not.

Working people who need protection the most – low-paid workers, the vulnerable and those treated poorly by their employers – were denied access to justice by employment tribunal fees.

The government infringed EU law, constitutional law and even the Magna Carta with a piece of legislation explicitly designed to deny working people their rights. Today, the Supreme Court has righted a terrible wrong and sided with those the government sought to silence. This ruling shows that rights are only meaningful if they can be upheld – that’s a principle with significant implications for all of our rights and protections as we head towards Brexit.

This result has been a long time coming and has involved years of hard work. Our challenge to the then coalition government – including the Liberal Democrats and their so-called progressive values – was of course legal. It was also a moral struggle – one of those moments where something is so clearly and blatantly unjust that it is imperative to challenge it by any means possible.

The government’s attacks on public service employees as a result of austerity had already hit UNISON members hard in terms of pay, jobs and services – to then turn on their right to legal recourse was the final straw.

I knew as soon as the legislation was introduced that our union had to take a stand, especially when it had such a clear and direct discriminatory impact upon our million women members. Back then I promised UNISON members at our conference that we’d take this fight to the highest court in the land to fight for their rights. Today we can say that we did that, we fought, and we won.

I made a promise to our union that whatever it took – however many years and whatever the cost – I wanted our union to take this case. This was more than a legal case – it was a moral case.

Doing so has been a hard slog and a huge financial investment for UNISON, but it has been worth every penny. I am so proud of our union – and in particular of our union’s legal team, who have worked tirelessly to achieve this incredible result. Their skill and dedication has once again secured a huge win for working people everywhere.

Of course, as well as being a day of celebration, today is also a time for reflection. We will never know just how many people were stopped from taking legal cases as a result of employment tribunal fees. We will never know how many people have been denied access to justice and to legal recourse. Their stories may remain untold and their rights unprotected. Likewise, there are those who have been forced to pay employment tribunal fees who will now demand those fees are returned to them. We will work with them to ensure the government cough up and admit they were wrong – legally and morally.

Today’s result should bring to an end the cruel employment tribunal fees regime, and ensure that no-one else is ever forced to pay crippling fees just to access basic justice. But it is also a reminder of the importance of trade unions in fighting for all of our rights, and the importance of a legal system that allows us to stand with our members, and win for our members.


Nick Davies

Nick Davies

To investigate fascists takes real courage and unusual commitment. The government, police, mainstream media occasionally take a look, but in the UK only Searchlight have kept at it, relentlessly and admirably, regardless of threat or obstacle. It’s journalism that matters. A rare thing.

Nick Davies
Multi-award-winning investigative journalist and writer

Paul Holborow

Paul Holborow

In the campaign against the National Front, Searchlight provided a rich and utterly reliable basis for much ANL propaganda – particularly with reference to the two leading NF figures, John Tyndall and Martin Webster. The appearance of Tyndall in full nazi uniform, drawn from the archives of Searchlight, was a key part of ANL propaganda, coupled with deeply damaging nazi quotes from Webster.

Paul Holborow
Founding member of the ANL and National Organiser 1977-81

Professor Colin Holmes

Professor Colin Holmes
Everyone who wants to understand contemporary racism and its historical background needs to read Searchlight.
Professor Colin Holmes
University of Sheffield

Paul Nowak

Paul Nowak

The essence of trade unionism is solidarity, fairness and equality – for all workers – from all backgrounds. That’s why our fight against the far-right has always been part of our movement’s DNA. Searchlight is an incredibly important resource for trade unions and members to understand the contemporary tactics of far-right activity. Their work and intelligence gathering over the years have been incredibly insightful for the work we do, and how we fight the scourge of fascism.

Paul Nowak
TUC General Secretary

Peter Hain

Peter Hain, founder of the ANL and friend of Searchlight

British Jews have been persecuted over the centuries; British blacks since the Windrush generation of the 1950s; British Muslims, especially after the Islamist 9/11 and then 7/7 terrorist attacks in New York 2001 and London 2005. But until the last few years there has not been a simultaneous threat against all three British communities of Jewish, Black and Muslim Britons – meaning the need for Searchlight has never been greater.

Peter Hain
Labour peer, former MP and Cabinet Minster

Alf Dubs

Lord Alf Dubs

Searchlight’s voice is more important than ever, and I am delighted that it will now be available to a wider audience than ever before in its new incarnation online. Searchlight has been extremely helpful over the years in exposing the far right, corruption, criminality and the murky links between organised crime and powerful interests in the UK and abroad. I wish Searchlight the very best.

Alf Dubs
Labour peer, former MP and Cabinet Minister, and Kindertransport child

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2 responses to “A massive win for all workers”

  1. Darren Kiggins NAPO

    This is excellent news, can you please advise how I should now advise my members in relation to this ruling? Will this Govt attempt to reverse the decision? Where can I get more info on this matter.

  2. If you are a NAPO rep, I expect your union’s head office will be able to advise you. This is a Supreme Court decision, so there does not appear to be a means by which the Government could reverse it.