Government Considering the Re-Introduction of Tribunal Fees
On 7th November 2018, the Law Society Gazette published an article suggesting that the Ministry of Justice ("the Ministry") has confirmed it may reintroduce fees for employment tribunal claims.
Tribunal fees were introduced in July 2013; initially around £160, and increasing to £230 - £950 for further hearings. In certain circumstances claimants had to pay up to £1,200.
However, the landmark case of in R (on the application of UNISON) v Lord Chancellor in 2017 declared tribunal fees to be unlawful and they were scrapped.
The Ministry now hopes to find a balance that helps fund the court system while being 'proportionate and progressive', and believes that a fee system can be found that will ensure access to justice. It believes that the judgment in UNISON didn't completely rule out fees altogether, and that a level of fees that does not prevent access to justice would be permissible.
CMA finds land agreement breached UK Competition law
The Competition Markets Authority (CMA) has for the first time used its enforcement powers in respect of land agreement and has found that restrictions in it were anticompetitive and in breach of UK Competition law.
UK Competition law prohibits:
- agreements which may affect trade within the UK and which have as their object or effect the prevention, restriction or distortion of competition within the UK (known as the Chapter 1 prohibition); and
- the abuse of a dominant market position which has, or is capable of having, an effect on trade within the UK (known as the Chapter 2 prohibition)