Employment Tribunal Fees – Reimbursement

Posted on October 27, 2017

Following the abolition of Employment Tribunal fees over the summer, the Ministry of Justice and the Courts and Tribunals Service have now launched a fee reimbursement scheme for the repayment of Tribunal fees.  There will be a phased implementation with around 1,000 individuals being invited to apply for refunds first, before the scheme is opened up more generally.  Successful applicants will receive a refund of the fee they paid, plus interest.

Full details of the scheme have yet to be revealed.  Whilst it will mainly benefit Claimants (employees), if you are a Respondent employer who paid Tribunal fees it is worth remembering the following:

  • Employment Appeal Tribunal (EAT) fees are likely to be covered too.
  • You may have incurred fees for certain applications in the Employment Tribunal, or in relation to Judicial Mediation.  These may be recoverable.
  • You may have had to pay a Claimant’s costs pursuant to a costs order made by the Employment Tribunal.  In those cases we expect it to be possible for you to reclaim the tribunal fee aspect of the costs you paid.

We are still waiting for details of how the system will deal with claims that were rejected because of non-payment of the fee, or claims that were simply never brought at all because the Claimant was deterred by the fee system.   For more information go to https://www.gov.uk/government/news/opening-stage-of-employment-tribunal-fee-refund-scheme-launched