The government has announced the details of the scheme for reimbursement of employment tribunal fees following a ruling this Summer that fees in the employment tribunal and the Employment Appeal Tribunal were unlawful.
The Ministry of Justice and Her Majesty’s Courts and Tribunals Service have now launched the employment tribunal fee reimbursement scheme.
There will be a phased implementation of the scheme, under which approximately 1,000 eligible parties will be invited to apply for reimbursement. Full roll-out of the scheme is expected in November. Parties who paid a fee but who do not receive an invitation to take part in the initial stage can pre-register their interest in applying for reimbursement by email or post.
Successful applicants will also receive interest on the fee that they paid at the rate of 0.5%, calculated from the date of the original payment up until the refund date.
Further details of the scheme will be made available when it is rolled out fully. This will include details of how to apply.
Employment tribunal claims that didn’t proceed
There is currently no public announcement on how the government intends to deal with claims which were not accepted or were dismissed for failure to pay a fee. It is unlikely that the scheme will cover claims that were never brought, for example because the claimant was deterred from doing so because of the fee they would have had to pay. If a claimant now makes such a claim it will be dealt with under normal principles for out-of-time claims.