Law:

Section:

(a) Access to justice, right of---<br><br>----Scope--- Proceedings before tribunals--- Fees, payment of---Imposition of fees for access to (employment) tribunals and appeal tribunal---Whether such fees breached (common law) right of access to justice---Prior to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 ("the Fees Order"), a claimant could bring and pursue proceedings in an Employment Tribunal and appeal to the Employment Appeal Tribunal without paying any fees---After the 'Fees Order' came into force, claims and appeals in the tribunals and appellate tribunal could only be commenced and continued on payment of fees, except where an individual applied and qualified for a remission---Objectives of the 'Fees Order' were to transfer the cost burden from taxpayers to users of the tribunals; to deter unmeritorious claims, and to encourage earlier settlement---Appellant-trade union sought judicial review of the decision to introduce fees, on the grounds that making of the 'Fees Order' was not a lawful exercise because the prescribed fees interfered unjustifiably with the right of access to justice (under common law), and frustrated the operation of Parliamentary legislation granting employment rights---High Court and Court of Appeal dismissed the trade union's claim; held, that the constitutional right of access to justice was inherent in the rule of law and ensured that rights created by Parliament and interpreted by courts and tribunals were applied and enforced---Tribunals were not merely the providers of a service which was only of value to users who brought claims before them---Right of access to justice was to be understood in a broader social context as establishing principles of general importance and resolving questions of genuine uncertainty in interpreting legislation---Value to society of such access extended to the knowledge that rights would be enforced and that remedies existed where obligations were not met---In particular, the possibility of claims being brought by employees whose rights were infringed had to exist if employment relationships were to be based on respect for such rights---Furthermore…