Government Begins Refunding Employment Tribunal Fees

The UK government launched the first round of a phased plan to refund employment tribunal fees paid by tribunal claimants.

Initial Employment Tribunal Fees Refund Scheme

The government is initially contacting around 1,000 people who paid Employment Tribunal Fees and offering them the opportunity to apply for refunds.

Additionally the Ministry of Justice is working with trade unions who have supported large numbers of workers to process those fee refunds.

Registering Interest in Receiving an Employment Tribunal Fee Refund

Any one who paid an Employment Tribunal Fee but has not been contacted in the first phase may register interest in receiving a refund by emailing ethelpwithfees@hmcts.gsi.gov.uk or by post at the addresses at the bottom of this article.

Additional details of the Fees refund scheme will be announced in November.

Interest Paid on Employment Tribunal Fee Refunds

For successful applicants, in addition to the original fee 0.5% interest will be paid. Interest will be calculated from the date the fees were paid until the refund is issued.

Employers May Also Receive Employment Tribunal Fee Refunds

The Supreme Court ruling does not differentiate between fees paid by claimants and fees paid by employers. As a result, reimbursement of claimant fees, fees paid for counterclaims, Employment Appeal Tribunal fees, or judicial mediation fees may also be subject to refunds. Employers should compile data on any fees paid in anticipation of requesting refunds.

Refiling of Withdrawn Employment Tribunal Claims

Additionally, employers should review any Employment Tribunal cases that ended because the claimant failed to pay the Employment Tribunal Fee. Such cases may be eligible for reinstatement since they were withdrawn due to an unlawful Employment Tribunal Fee scheme.

The Future of Employment Tribunal Fees

The refunds follow a July 2017 Supreme Court ruling that found Employment Tribunal Fees, ranging from £160 to £1600, were discriminatory.

No fees have been collected since the Supreme Court ruling though the court left open the possibility of a lower fee structure. At present, no new Employment Tribunal Fees have been suggested.

In the interim, employers should expect a rise in the number of Employment Tribunal claims.