Following on from our blog in July advising that the UK Supreme Court had ruled that employment tribunal fees were unlawful due to the limitations they put on access to justice, the pilot scheme for employment tribunal fee refunds has now been completed. Accordingly, the Refund Scheme is now live for claimants and respondents to apply for a refund if they paid fees in respect of a tribunal claim or appeal. This applies to everyone who paid fees since they were introduced four years ago.
It is estimated that the total cost of refunds will be around £33 million.
How do I apply for a refund?
Anyone who paid a fee to progress a claim in the employment tribunal can apply online for a refund or can use the appropriate forms from those detailed below to apply by post or email:
- Persons or organisations who were the single claimant in an employment tribunal claim – Form 1C
- Persons who were representatives or sponsors of a party to an employment tribunal claim and for persons who were the lead claimant in a multiple claim – Form 3S
- Organisations and persons who were the respondent in an employment tribunal claim – Form 2R
What will get refunded?
If you paid fees for any of the following then you will be entitled to a refund:
- Claimant issue fees
- Respondent fees
- Claimant hearing fees
- Fees for EAT appeals
In addition to receiving a refund for the original fee that was paid, applicants will also be paid interest at a rate of 0.5%. This will be calculated from the date of the original payment up until the date the money is refunded.
Dismissed or Rejected Claims due to Non-Payment
There is no information as of yet in relation to the process for Claimants who now wish to pursue claims that were initially dismissed or rejected as a result of non-payment of fees. However, the government has made clear that it will make provisions to deal with such claims. Any interested party can keep a look out on our blog page as more information will hopefully be provided in due course.