Dinah Rose QC has won the outstanding achievement award at the Modern Law Awards 2017/18, presented by Modern Law Magazine.
Dinah was presented with the award, together with Shantha David of UNISON, for their roles in UNISON's successful appeal to the Supreme Court, which found that fees imposed in respect of proceedings in employment tribunals and the Employment Appeal Tribunal are unlawful because of their effects on access to justice.
A detailed summary of the Supreme Court's judgment in R (UNISON) V Lord Chancellor can be found here.
Until the coming into force of the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (“the Fees Order”), a claimant could bring and pursue proceedings in an ET and appeal to the EAT without paying any fee. However, the Fees Order prescribes various fees with amounts depending on the type of claim and whether it was brought by a single claimant or a group.
UNISON sought judicial review of the Fees Order on the ground that it unlawfully prevents or restricts access to justice. The lower courts dismissed UNISON’s claim but a seven-judge Supreme Court unanimously allowed its appeal, holding that the Fees Order was unlawful ab initio and must therefore be quashed.
QC and Iain Steele acted for UNISON.