Employment Tribunal fees refund scheme opens

07 December


Following a Supreme Court ruling earlier this year that Employment Tribunal fees are unlawful, the Ministry of Justice has now set up a refund system for anyone who paid a fee to the Tribunals in the last four years.


Since fees were introduced for those wanting to bring claims in the Employment Tribunals or Employment Appeal Tribunal (EAT) in July 2013, it is estimated that up to £32 million has been paid by claimants and applicants. However, on 26 July 2017, the Supreme Court ruled that the fees were unlawful because they denied vulnerable claimants access to justice, with some claims costing up to £1,200 if they reached the Final Hearing stage. The Ministry of Justice was therefore forced to immediately stop charging fees and to set up a refund system for those who paid a fee during that four-year period, which it has now opened to the public.


The scheme will primarily be used by claimants and legal expenses insurers who paid a fee to lodge a claim at a Tribunal or take a case to a Final Hearing. However, refunds can also be claimed by employers who either:

- Were unsuccessful in defending Tribunal claims by their employees and were ordered to repay the Tribunal fees to the successful claimant; or

- Paid a fee to the EAT for appealing against an Employment Tribunal decision.


If you would like more information on this or a related topic, please contact the Employment and HR team.


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