The Supreme Court ruling in the Unison case is a call to arms to other judges concerned about government bypassing the parliamentary process

It took dogged determination, and the confidence of knowing the law was utterly wrong, for Unison to achieve what was unthinkable four years ago: a unanimous Supreme Court ruling that employment tribunal fees, introduced by statutory instrument under former lord chancellor Chris Grayling, were unlawful.

The immediate consequence is that the fees will be quashed, meaning that employment tribunal claims are now once again free to bring. The government also faces a bill of about £32m to refund claimants who paid the fees in the past four years. What makes the case especially remarkable, however, is the history of the arguments a...

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