News

Get a Claim: Employment Tribunal Fee Refund

Get a Claim: Employment Tribunal Fee Refund

Thursday 13th September 2018

The Supreme Court case of Unison v Lord Chancellor has declared that Employment Tribunal and Employment Appeal Tribunal fees are unlawful since these fees prevent access to the tribunal and therefore prevent access to justice.

The fees were introduced on 29 July 2013 and were payable from then on for most people. (There were some rebates and exemptions based on savings and income but these proved to be very limited).

The number of Employment Tribunal cases therefore dropped by about seventy percent. In the Supreme Court decision, Lord Reed said in his judgement that the right of everyone to have access to the courts is a longstanding principle of constitutional law that can be traced back to the Magna Carta of 1215. Lady Hale also interestingly said in the judgement that in her view the Tribunal fees amounted to indirect sex discrimination.

So following this Supreme Court decision, the government is now going to have to pay back everyone who paid Employment Tribunal or Employment Appeal Tribunal fees. It has been estimated that these refunds could total approximately £33 million. If you are entitled to a refund you will also receive interest at 0.5 percent.

You can apply online (please see link below) for your refund if you have a UK bank account, have not changed your name and only issued Tribunal proceedings against one named employer per claim. Alternatively you can apply for your refund by post or e-mail.

Remember too that if you are an EMPLOYER who was ordered to pay a claimant his/her Tribunal fee as part of an Employment Tribunal judgement then you too can apply for e refund. You will need to provide the Employment Tribunal with proof of payment and a copy of the Tribunal decision. (Please note however it appears that you cannot claim a refund if the Tribunal fee was agreed as part of a settlement agreement).

To discuss any employment law or human resources matter affecting you or your business please contact info@montecristollp.com.

*More Information:https://www.gov.uk/employment-tribunals/refund-tribunal-fees