Government Announces The Employment Tribunal Refund Scheme

November 23, 2017

Who Does This Affect?

Following the recent decision by the Supreme Court in July 2017, whereby tribunal fees were held to be unlawful, the Government has subsequently announced that the scheme will now be available to everybody to apply for a refund. This decision has been reached, following the conclusion of the recent pilot scheme for ET fees, whereby approximately 1.000 individuals were contacted by the Ministry of defence to test out this process. As of 15 November 2017, the Government has confirmed that this scheme will now apply to those individuals who had paid to pursue a claim in the Employment Tribunal or Employment Appeal Tribunal.

How Do People Engage In This Scheme?

Anyone who is eligible i.e. paid for a claim since the introduction of fees in July 2013, can:

  • Apply for a refund online
  • Submit Form 1-C if you paid the fees and made the claim by either post or email
  • Submit Form 3-S if you paid the fee on behalf of someone, for example by a Trade Union. This can be made by either post or email; and
  • Submit Form 2-R, if the Tribunal made an order requiring a Company to pay the fees of someone who pursued a claim against them. This can be done via post or email

What Fees Have Been Removed?

Prior to the abolition of fees, claims attracted the following fees:

£160       Type A issue fee: unpaid wages

£250       Type B issue fee: Unfair dismissal and discrimination etc.

£230      Type A hearing fee

£950       Type B hearing fee

Julie Duane
Julie Duane

Napthens LLP – Employment Law Advocate

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