Employment Tribunal fees refunds go live

by Nick Humphreys & Alex Brooks

Following July’s Supreme Court decision that Employment Tribunal fees (which had been in place since 2013) are unlawful and must be repaid (see our previous article on that decision and its effects here), the Ministry of Justice (“MoJ”) has today announced its fees refund scheme.

Under the first stage of the scheme, a small proportion of individuals that have previously paid Employment Tribunal fees (the selection of whom seems to be random) will now be contacted by the MoJ and allowed to complete refund applications, before the full refund scheme is opened up in the coming weeks to all individuals that have previously paid Employment Tribunal fees. In addition to receiving repayment of all fees paid, successful applicants shall receive interest on those sums at 0.5%, from the date on which each fee was paid until the date that the refund is paid to them.

Even if you are not selected to take part in the first-stage refund process, you can now pre-register to apply for a refund when the full scheme is rolled out by contacting the MoJ at ethelpwithfees@hmcts.gsi.gov.uk.

It remains unclear exactly what the application process will involve, but it is heartening to see that a system is now being put in place to enable individuals that have paid Employment Tribunal fees to claim back the sums that they paid in bringing their claims.

If you have any questions about this article, please contact Nick Humphreys or Alex Brooks of our Employment team, whose details appear below.

This article is filed under:  Industry news, Press releases, Publications

About the contributors

  • Nick Humphreys Partner

    Nick has acted for numerous multi-national, publically listed corporations as well as public and third sector clients. His clients include travel sector clients, industrial conglomerates, hotels, media organisations, marine businesses and charities

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  • Alex Brooks Solicitor

    Alex advises on the full range of contentious and non-contentious employment law and HR issues and acts for both employers and individuals on employment tribunal claims involving unfair dismissal, discrimination, breach of contract and whistleblowing

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