Since the Supreme Court judgement was made establishing that employment tribunal fees were not lawful, we have been waiting with bated breath to see how the refund process will be dealt with.
The government has now started the first stage of a phased implementation scheme, which will see up to 1,000 people contacted and given the chance to apply for a refund. Anyone who paid employment tribunal fees but is not contacted as part of this initial phase is being asked to register their interest in applying for a refund when the full scheme is rolled out.
Although we now know that refunds will be given, it’s still unclear exactly what the application process will consist of, how long it will take to receive a refund or when the full scheme will be rolled out.
The process also raises questions around claims which were dismissed for non-payment of fees and whether claimants can reinstate these claims. Similarly, there may be claimants who were deterred from pursuing a claim due to the fees being charged who will need to know whether a late submission (outside the three-month time limit) can be made.