Employment Tribunal Fees Refund Scheme

Employment Tribunal Fees Refund Scheme

On 20 October 2017, the Government announced its Employment Tribunal Fee Refund Scheme, following the recent judgment issued by the Supreme Court, which declared tribunal fees unlawful.  

During the first phase of the implementation scheme, up to around 1,000 people will be contacted directly by the tribunal and given the chance to complete an application to recover the fees paid. As well as being refunded their original fee, successful applicants, to the scheme, will also be paid interest of 0.5%, calculated from the date of the original payment up until the date of the refund.

The first stage of the phased implementation scheme will last for around 4 weeks. Individuals who have paid employment tribunal fees, but have not been invited to take part in the initial stage, can pre-register their interest in applying for a refund, either on-line or by post, ahead of when the full scheme is rolled out.

Those who will be eligible to apply for a refund under the scheme 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.

The government have said that the estimated cost of the tribunal fees refund, including interest, is £33 million. Further guidance on how to access the scheme will be available after the scheme has been rolled out.

For more information on this or any other matter please ring 0330 123 1229 or email info@smithpartnership.co.uk.