Employment Tribunal Fee Reimbursement Scheme - What to Do

Following the Supreme Court’s ruling in July 2017, the employment tribunal fee regime which was introduced in July 2013 has now been deemed unlawful in that it prevents access to justice.

The effect of this is that:

1.       Claims can now be submitted without fees

2.       Claimants can make applications for past paid fee’s to be refunded

3.       Past claims which were rejected or never brought due to fees can be reinstated.

Repayment of fees

Overall an amount of £32.5 million is due to be refunded as a result of approximately 100,000 claimants being incorrectly charged. If you think you are entitled to a refund you will need to make an application to HMCTS by completing a PDF form online or printing it out and posting it to HMCTS.

In the application you will need to provide the following:

-       Details of the claim in relation to which you paid a fee

-       Details of a bank account into which the reimbursed sum should be paid.

-       Certify that you have not already been reimbursed the amount of the fee by the Respondent, their trade union, or in some other way.

A successful application will also have added interest at 0.5% from the date the fee was paid.

The reimbursement scheme is purely administrative and you will not be required to attend Court.

The scheme to reinstate struck out claims

A claimant can now reinstate a claim that was originally dismissed, by the employment tribunal, for non-payment of fees. Such claims may have been rejected at the outset when a fee was not paid, or later dismissed after non-payment of a subsequent fee.

It is thought that 7,500 claims were terminated in this way.

Effected parties will be written to under the scheme and asked whether they would like their claim accepted back into the system to proceed before trial.

If you wish to proceed but you do not have a copy of the original ET1, you will be invited to submit a further ET1 to recreate the one originally lodged. The process will be administrative in nature.

The HMCTS will respond letting you know if you can proceed with the claim.

Anyone who had a claim rejected because of a failure to pay fees but who wants to pursue it should issue a claim without further delay. For more information and advice, call us today on 0333 003 1909 and speak to one of our experience team.

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