A SUPREME Court ruling that employment tribunal fees are unlawful as they prevent people from bringing claims was today described as a “a resounding victory for justice” by a Scots lawyer involved in the case.

Elaine Motion, executive chairman of Balfour+Manson, said the unanimous decision sent out a clear message that the controversial decision by the UK Government to introduce tribunal fees in 2014 was wrong under both domestic and European law.

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She said: “The UK Supreme Court has decided unanimously that imposing significant fees has had a detrimental effect on access to justice."

Mrs Motion represented one of the unions involved in bringing the legal challenge.

She added: "This is the one of the most significant judgments in employment law in the modern era. All the evidence pointed to fees denying the principle of access to justice - and the Supreme Court's decision is therefore a resounding victory for justice itself."

The Supreme Court unanimously ruled that the Government was acting unlawfully and unconstitutionally when it introduced the fees four years ago.

Balfour+Manson represented the Independent Workers Union of Great Britain (IWUGB) in the case, backing up the main claim by Unison. Elaine Motion added: “We were delighted to be able to intervene in the case and to get the outcome we had hoped for on behalf of low-paid workers across the UK.

“Employment tribunals were intended to provide a forum for enforcement of employment rights for all, including the lower paid. This judgment has helped restore that principle.”

The introduction of fees - of between £390 and £1200 - led to a reduction of up to 70 per cent in the number of tribunal cases coming forward between 2014-15 and 2015-16. Before then, any claimant could bring forward a claim for free.

The fees led to criticism that the low-paid were being priced out of bringing tribunal cases forward. Unions described the decision as “a gift to Britain’s worst bosses”.

The appeal argued successfully that fees were "not a lawful exercise of powers, because the prescribed fees interfere unjustifiably with the right of access to justice under both the common law and EU law”.

Balfour+Manson instructed leading QC Aidan O'Neill on behalf of the IWUGB.

"Those claimants who decided against bringing a tribunal claim because the fee costs were too high may seek judicial permission to bring their claims late – this will be easier for those claiming discrimination, where the extension is on just and equitable grounds, rather than for those claiming unfair dismissal, where the test turns on reasonable practicability."

Alison Woods, partner and employment specialist at CMS, said: “Today’s ruling will be a blow to the UK Government, which will be required to refund all fees paid over the last four years.

"It will, however, reinforce the position of the Scottish Government which had pledged to ban tribunal fees as soon as it secures the necessary powers through the Scotland Act.

“The introduction of fees has resulted in a sharp decline of tribunal applications and raised questions about whether workers were being priced out of the justice system.

"Today’s judgement has really reflected that view by stating that the courts are not simply a service provider but are rather a fundamental aspect of our democracy. Many employers will, however, be disappointed with today’s decision.

"Prior to fees being introduced, their complaint was that employees had a free ride with nothing to lose in pursuing an employment tribunal claim as costs were rarely awarded in practice.

“Getting the right balance between fair access to justice while ensuring unmerited claims taken in the hope of an easy pay-out are prevented underlines the challenge facing the Scottish Government when it looks to implement its own legislation on tribunals.”

Unison welcomed the Supreme Court's decision.

And it said the Government will have to refund more than £27 million to the thousands of people charged for taking claims to tribunal since July 2013, when fees were introduced by Chris Grayling, the then Lord Chancellor.

General secretary Dave Prentis said: "The Government is not above the law, but when ministers introduced fees they were disregarding laws many centuries old, and showing little concern for employees seeking justice following illegal treatment at work.

"The Government has been acting unlawfully, and has been proved wrong - not just on simple economics, but on constitutional law and basic fairness too.

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"It's a major victory for employees everywhere. Unison took the case on behalf of anyone who's ever been wronged at work, or who might be in future. Unscrupulous employers no longer have the upper hand.

"These unfair fees have let law-breaking bosses off the hook these past four years, and left badly treated staff with no choice but to put up or shut up.

"We'll never know how many people missed out because they couldn't afford the expense of fees, but at last this tax on justice has been lifted."

Unison's assistant general secretary Bronwyn McKenna said: "The Supreme Court correctly criticised the Government's failure when it set the fees to consider the public benefits flowing from the enforcement of legal rights enacted by Parliament.

"The effective enforcement of these rights is fundamental to Parliamentary democracy and integral to the development of UK law. Unison's case has helped clarify the law and gives certainty to citizens and businesses in their everyday lives."

The decision marks the end of a four-year fight by Unison to overturn the Government's introduction of fees.