Tribunal fees: refunds for employers

Not forgotten. In July 2017 the Supreme Court unexpectedly ruled that the tribunal fee regime, introduced in 2013, was unlawful and it was abolished with immediate effect. The government is obliged to refund all tribunal fees paid under the regime and is in the process of setting up a formal scheme. A pilot scheme is currently being tested; assuming it works, it will be rolled out formally. Employers who either agreed to or were ordered to reimburse the fees paid by a claimant will be able to seek recovery of those costs.

Money back promise. To do this, the employer will need to make a formal application and, presumably, supply proof of the monies paid, i.e. the refund won’t be made automatically. If you believe you are entitled to a refund in respect of tribunal fees, you can register an interest by sending an e-mail to ethelpwithfees@hmcts.gsi.gov.uk. You will then be sent full details of the refund application process once the scheme is formalised.

Tip. It is anticipated that successful applicants will also be able to recover interest on their fee payments at a rate of 0.5%.