Employment tribunal fees - update

We reported in an earlier newsletter about the Supreme Court's decision which held that the fees that the government was charging to start an employment tribunal case were unlawful.

The Government has announced plans to refund some of the people who paid out the fee.  The Ministry of Justice has announced a 'first phase' aimed at people applying for refunds in a single phase. These will be people who have contacted the Ministry of Justice enquiring about a refund since the decision in July 2017.

Note that people who have paid the fees but who have not been contacted by the Ministry of Justice are advised to register on line or by post.

A full refund scheme is planned.  Those who will be eligible to apply for a refund are:

  • People who paid a fee directly to the employment tribunal or employment appeal tribunal, and have not been reimbursed by their opponent pursuant to an order of the tribunal.
  • People who were ordered by the tribunal to reimburse their opponent their fee and who can show that they have paid it.
  • Representatives who paid a fee on behalf of another person and have not been reimbursed by that person.
  • The lead claimant (or representative) in a multiple claim who paid a fee on behalf of the other claimants.

Further guidance will be available after the first phase of the scheme has been implemented.

To discuss this or any other employment related issue, contact us.

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