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Mental health charity Mind has responded to a Supreme Court ruling that charging complainants in employment tribunals is illegal, saying that for those who feel they have been forced out of jobs because of their mental health, the fees were “yet another barrier for us in the fight for fairness and equality in the workplace”.
In 2013, the government introduced fees of up to £1,200 for bringing employment tribunal cases to court – the introduction of the fees saw a 79% reduction in employment tribunal cases over three years, says Mind.
Trade union Unison argued the fees were preventing many workers accessing justice – and on Thursday (26/07/17), the Supreme Court ruled in favour of Unison and said the government was acting unlawfully and unconstitutionally when it introduced the fees.
Chief executive of Mind, Paul Farmer CBE, said:
“We welcome the news that the legislation that introduced employment tribunal fees has been ruled unlawful – this means that, as of today, you don't have to pay a fee if you bring a claim to the employment tribunal and the government has agreed to reimburse all fees that have been charged.
“The fees were prohibitive to people on lower wage, lower income jobs, who may have struggled to find the costs to fund a case.
“Too often, people with mental health problems feel that they have been forced out of a job because of their mental health – and these fees were yet another barrier for us in the fight for fairness and equality in the workplace.”
Duncan Lewis Mental Health Solicitors
Duncan Lewis is the UK’s largest provider of Legal Aid mental health services and can advise mental health patients on a wide range of issues – including access to NHS mental health services and detention under the Mental Health Act.
Duncan Lewis mental health solicitors regularly visit NHS hospitals to advise on mental health law – and are available across England and Wales at short notice for hospital and police station appointments.
In some cases, Duncan Lewis mental health solicitors may be able to advise the nearest relative or carer of a mental health patient on a range of issues, including initiating treatment reviews where appropriate.
For expert legal advice on mental health law, call the Duncan Lewis Mental Health Solicitors Helpline on 020 3114 1124.