Employment law

02/11/2017

Employment tribunal fees have been declared unlawful, but how do you know whether you’re eligible to claim a tribunal fee refund?

The government has decided there are four different categories of people eligible to apply for a refund of the fees. These include:

  • Those who paid the fees directly to the employment tribunal and have not been reimbursed.
  • Those who were ordered by the employment tribunal to pay their opponent’s fees, and have proof of payment.
  • Representatives who paid the fee on behalf of others and have not been reimbursed.
  • A lead claimant in a multiple claim, who paid the fee on behalf of others.

What is required for a refund?

  • The employment tribunal order to make payment of fees.
  • Proof of payment, for example, a bank statement, cheque stub or copies of forms sent to the employment tribunal.

How will claims be verified?

Apparently in order to verify claims made, the details provided by the applicants will be checked in accordance with the employment tribunal’s records. If these details match, then it is likely that a refund will be granted.

If applicants fail to provide sufficient details, the application process may take longer so the responses will have to be detailed. Any potential applicants not contacted already should register their interest for a refund as soon as possible so that an application can be made once the subsequent phases begin.

Where do I register my interest?

If you wish to register your interest for the refund scheme and have not yet been contacted as part of the first phase, you should email ethelpwithfees@hmcts.gsi.gov.uk

Alternatively, you can register your interest by post by writing to:

England and Wales:
Employment Tribunal Central Office (England and Wales)/Employment Appeal Tribunal (EAT) Fees
PO Box 10218
Leicester LE1 8EG

Scotland:
Employment Tribunals Central Office Scotland/ Employment Appeal Tribunal (EAT) Fees
PO Box 27105
Glasgow G2 9JRX

If you need advice about claiming an Employment Tribunal refund, please contact Laura Franklin at laura.franklin@beswicks.com or phone 01782 205000.