On 26th July 2017 employment tribunal fees were ruled unlawful so there is now no longer a requirement to pay a fee to make a claim to the Employment Tribunal or the Employment Appeals Tribunal.
It was also ruled that the Government must reimburse anyone who had previously paid fees to the Employment Tribunal or the Employment Appeals Tribunal. It is thought that those fees could amount to more than £32 million.
A decision is currently being awaited on how these refunds will be dealt with as well as guidance on certain ancillary aspects including;
What happens if the tribunal ordered the employer to reimburse the fee to the claimant, including if the tribunal ordered this but the employer failed to pay; or perhaps if fees were reflected in an amount paid by the employer under a settlement agreement.
Can claimants reinstate claims which were dismissed for non-payment of fees?
Whether an employment tribunal will allow late submission of a claim (outside the three month time limit) if the claimant was deterred by the fees from making a claim in time.
Government proposals in relation to refunds are expected in September 2017. Once they have been released, Farleys’ employment law solicitors can provide advice in relation to your fees and also assist you in reclaiming your employment tribunal fees from the Government.
It is important you get back the fees you are entitled to so keep your eye on this page for updates as they are released.