Full refund scheme for Employment Tribunal fees now rolled out.
If you have paid an employment tribunal fee between 29 July 2013 to 26 July 2017, you can now apply for a refund. Applications can be made online or by downloading the applicable form and sending it by email or post to Her Majesty’s Courts and Tribunals Service (HMCTS). If HMCTS agrees that a refund is due the amount will be transferred to the applicant’s bank account plus 0.5% interest.
There are three different forms: the first for applicants who paid fees in respect of their own claims, the second for applicants who paid fees in respect of other people’s claims (eg trade unions) and the third for applicants who were ordered by the employment tribunal to pay another party’s fees.
Background leading to the employment tribunal fees refund development.
On 26 July 2017 the Supreme Court unanimously allowed held that the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013, which came into effect on 29 July 2013, was unlawful under both domestic and EU law because it had the effect of preventing access to justice.
Since the Fees Order had these effects as soon as it was made, the Supreme Court held it was unlawful and must be quashed. This had the effect that fees were no longer payable with immediate effect and should have never been charged in the first place.
During the course of the judicial review proceedings which challenged the validity of the fees regime, the Lord Chancellor gave an undertaking that, if unsuccessful in the proceedings, fees that had been paid would be reimbursed.
For more information on how to apply for a refund on previous employment tribunal fees visit https://www.gov.uk/employment-tribunals/refund-tribunal-fees