EMPLOYMENT TRIBUNAL FEES – REFUND SCHEME

Last month, we reported that the government announced a ‘first phase’ of its tribunal fees refund scheme. Following a ‘successful opening phase’ the government has now rolled out the scheme in full. The scheme covers employment tribunal and employment appeal tribunal fees and is open to both claimants and respondents who paid a fee, including those who were ordered to reimburse their opponent for a fee incurred.  The refund is expected to cost around £32 million.

The scheme does not cover payments under a settlement or COT3 agreement designed to compensate a claimant for a fee that they might have paid. It appears that such a claimant remains eligible to apply for a refund under the government scheme.

Eligible parties can apply for a refund online or by post. If applying by post, refund form 2-R for respondents can be found here.

In a hint that the Ministry of Justice might reintroduce fees in the future, they have said that “The [Supreme] Court recognised the important role fees can play, but rule that the government had not struck the right balance in this case.”

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