Following our last update on the Supreme Court judgement ruling employment tribunal fees discriminatory and unlawful, the Government has now announced preliminary details of its refund scheme. In a joint statement from the Ministry of Justice and the HM Courts & Tribunal Service, a phased approach will be adopted rumoured to be costing in the region of £33 million.
How the Employment Tribunal Fees Refund Scheme will work
The initial stages, lasting 4 weeks, will involve contacting up to 1,000 individuals directly and providing them with the opportunity to apply for a refund. Successful applicants will be entitled to a full refund plus interest of 0.5% calculated from the date the tribunal fee was originally paid up to the refund date.
The employment tribunal fees refund scheme will then be rolled out in full and further information will be made available regarding the application process and eligibility. It is yet to be announced how the scheme will handle claims involving multiple applicants and cases where fees were reimbursed as part of the settlement.
People who believe they are due a refund but who have not been contacted as part of the initial phase, can use the pre-registration system to register their interest. They can either email ethelpwithfees@hmcts.gsi.gov.uk or write to the following address:
Employment Tribunal Central Office (England and Wales)/Employment Appeal Tribunal (EAT) Fees PO Box 10218 Leicester LE1 8EG.
The Backhouse Solicitors Employment Team
Tel: 01245 893400