QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
| THE QUEEN ON THE APPLICATION OF UNISON
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(Official Shorthand Writers to the Court)
Miss Susan Chan (instructed by Treasury Solicitor) appeared on behalf of the Defendant
Crown Copyright ©
"Turning then to the balance of convenience, it is necessary in cases in which a party is a public authority performing duties to the public that one must look at the balance of convenience more widely and take into account the interests of the public in general to whom those duties are owed."
"In this context, particular stress should be placed upon the importance of upholding the law of the land in the public interest bearing in mind the need for stability in our society and the duty placed upon certain authorities to enforce the law in the public interest. This is of itself an important factor to be weighed in the balance when assessing the balance of convenience. So if a public authority seeks to enforce what is on its face the law of the land and the person against whom such action is taken challenges the validity of that law, matters of considerable weight have to be put into the balance to outweigh the desirability of enforcing, in the public interest, what is on its face the law and so to justify in that case the refusal of an interim injunction in favour of the authority or to render it just or convenient to restrain the authority for the time being from enforcing the law."
Later on, Lord Goff said:
"The court should not restrain the public authority by interim injunction from enforcing the apparently authentic law unless it is satisfied having regard to all the circumstances that the challenge to the validity of the law is, prima facie, so firmly based as to justify so exceptional a course being taken."
"The fundamental policy aim for the introduction of fees is to transfer a proportion of the cost of running the Employment Tribunal and Employment Appeal Tribunal from taxpayers to users. The policy objective is to require users to pay fees where they can afford to do so in order to have their workplace dispute resolved through the Employment Tribunal and the Employment Appeal Tribunal process."
The document also states:
"The intended effects of introducing fees are to:
- Ensure that all users who can afford a fee or make a contribution do so, whether they are bringing the claim as an individual or as part of a multiple claim; and
- Improve the effectiveness and efficiency of the current system by encouraging employers and employees to resolve workplace disputes as early as possible."