77: Employment Tribunal fee reimbursement scheme announced

The Ministry of Justice and Her Majesty’s Courts and Tribunals Service (HMCTS) have set out details of how Employment Tribunal and Employment Appeal Tribunal (EAT) fees will be reimbursed following the Supreme Court’s ruling that the fee regime was unlawful.

The fee reimbursement scheme will be rolled out in phases. Initially, around 1,000 parties will be contacted individually and invited to complete applications for a refund. As well as being refunded their original fee, successful applicants will also be paid interest of 0.5%, calculated from the date of the original payment up until the refund date. This opening phase will last for around four weeks, after which the scheme will be rolled out fully. Anyone who has paid a fee but not been invited to take part in this initial stage can pre-register an interest in applying when the full scheme is rolled out. The Government is working separately with trade unions in connection with large multiple claims.

It is expected that the scheme will be open to respondents who paid a costs order in respect of a claimant’s Tribunal or EAT fees. No announcement has been made about claims which were not accepted or were dismissed for failure to pay a fee, although HMCTS has indicated that these claimants will be contacted to ask if they wish to reinstate their claim.