The first stage of the phased implementation scheme comes after Ministers committed to refunding those who had paid employment tribunal fees following a Supreme Court judgment. The court recognised the important role fees can play, but ruled that the government had not struck the right balance in this case.
Up to around 1,000 people will now be contacted individually and given the chance to complete applications from today before the full scheme is opened up in the coming weeks. We are also working with trade unions who have supported large multiple claims potentially involving hundreds of claimants.
As well as being refunded their original fee, successful applicants to the scheme will also be paid interest of 0.5%, calculated from the date of the original payment up until the refund date.
The opening phase of the refund scheme will last for around 4 weeks. Further details of the scheme, including details of how it can be accessed, will be made available when the scheme is rolled out fully.
The Supreme Court judgment noted that ‘fees paid by litigants can, in principle, reasonably be considered to be a justifiable way of making resources available for the justice system and so securing access to justice’. The court ruled, however, that we hadn’t set the fee at the right level to deliver that outcome.
For those who have paid Employment Tribunals fees, but have not been invited to take part in the initial stage, we are setting up a pre-registration scheme so that they can register an interest in applying when the full scheme is rolled out. Those who wish to do so can register either by email at: email@example.com; or alternatively by post to the following addresses:
For proceedings in England and Wales:
Employment Tribunal Central Office (England and Wales)/Employment Appeal Tribunal (EAT) Fees
PO Box 10218
Leicester LE1 8EG
For proceedings in Scotland:
Employment Tribunals Central Office Scotland/Employment Appeal Tribunal (EAT) Fees
PO Box 27105
Glasgow G2 9JRX