Employment Tribunal Fees Update

November 2017

Justice Minister Dominic Raab has finally announced there is to be some movement on the refunds aimed at those who paid employment tribunal fees, some three months after the Supreme Court ruled them unlawful.

The Ministry of Justice will roll out a ‘first phase’ aimed at people applying for refunds in single claims.

This means that Government officials will begin writing to an initial group of people, expected to be up to a thousand who have already contacted them to enquire of their refund since the Supreme Court’s decision in the Summer.

Those who do not form part of the initial group are advised to register online or by post. Given the anticipated numbers expected to apply, it is hoped that a robust system is in place to cope to enable the refund scheme to work “efficiently and effectively” as Mr Raab has claimed.

For those who are applying for refunds in larger multiple claims, the Government are to liaise with trade unions, with a full refund scheme for both single and multiple claims being planned for next month, although given the time taken to get this far, it is inconceivable that delays could run beyond then and over Christmas into the New Year.

Those 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, including law firms, 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 is awaited in due course.  If you have any questions and would like to receive some support in any claims, please contact a member of the HPC team who are on hand to guide you through any queries you may have:

T: 0844 800 5932

E: help@highperformanceconsultancy.com

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