On 20 October 2017 the Ministry of Justice and HM Courts and Tribunals Service issued a press release announcing that up to around 1,000 people will be contacted individually and given the chance to apply for a refund of the Employment Tribunal fees that they had paid.

This represents the first stage of refund scheme that will see the Government pay out an estimated £33 million in compensation to those who paid the Tribunal fees in the four years prior to 26 July 2017, when the Supreme Court decided* that the fees regime was unlawful. Those that claim the refund will be given the actual amount paid in fees plus interest of 0.5% calculated from the date of payment.

The press release confirmed that trade unions were being consulted in relation to refunds of monies that they had paid in cases involving large multiple claims. However, it is still unclear how refunds will be processed in cases where the fees had been part of a settlement or Order that required the employer compensate the claimant. Neither is it clear whether unions will be able to claim refunds where they have paid the claimants fees in cases that did not involve large multiple claims.

Hopefully clarification will follow in four weeks’ time when it is estimated that the scheme will be fully rolled out and full details will be made available.

For your guide on how to prepare for employment tribunals, watch our Witness for a Day video, which outlines what you can expect.

*R (on the application of UNISON) v Lord Chancellor.

This blog post was written by Christopher Davies. For further information, please contact:

Christopher Davies, professional support lawyer, Employment

T: 0161 836 7936

E: Christopher.Davies@gateleyplc.com


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This blog is intended only as a synopsis of certain recent developments. If any matter referred to in this blog is sought to be relied upon, further advice should be obtained.