Good news! Following the decision of the Supreme Court to abolish the payment of employment tribunal fees on 26th July 2017, if you have previously paid a fee to bring a claim in the employment tribunal, upon application, this will be refunded to you.
As of 15th November 2017, you are now able to reclaim your fee.
The Government has estimated that the total refund of all employment tribunal fees will amount to £33 million.
Will I receive interest on the amount paid?
More good news! In addition to the full refund of the amount paid, you will also receive interest on the sum. Interest will be calculated at a rate of 0.5% from the date the fee was paid, to the date it is refunded to you.
How do I apply and which form should I use?
An application can be made online if your claim was brought against one employer, you have a UK bank account and as long as you haven’t changed your name since you made the claim.
Alternatively, you can apply by post or by email using one of 3 forms.
If you were the Claimant and paid your fees you will need to use form 1-C.
If you were the Respondent and were ordered to pay the fees you will need to use form 2-R.
If you are a representative/sponsor and you paid the fee on behalf of someone else, or if you were the lead Claimant in a multiple claim, you will need to use form 3-S.
Remember, you will need to include on the form how much you paid.
I didn’t file my claim because of the fees in place. Can I bring my claim now?
So far the Government have not provided guidance for Claimants who were not able to bring their claim due to the fees previously in place. However, there is a possibility the tribunal will allow you to bring your claim.
The claim will need to be filed in the normal way, and at the same time you will need to apply for an extension of time to submit your claim.
The extension request application must provide for two things. Firstly, that it was not reasonably practical for you to serve your claim within the limitation period and secondly that it is just and reasonable to allow this extension. The employment tribunal may well wish to see evidence of your financial position and will also consider the promptness of the claim being brought.
I received a costs award compensating me for the tribunal fee, will I have to repay this?
Currently there are no requirements on a party who received the tribunal fee by way of a costs order to repay this.
It is possible for the party ordered to pay the tribunal fee to apply for a refund of this fee. When completing the application, the party will need to have to hand a copy of the order which states they were to pay the fees and also proof that the payment was made.
I paid the fee for the Claimant under a settlement agreement – can I apply for a refund?
The scheme will not currently refund the fees to a Respondent who reimbursed the Claimant for these fees under a settlement agreement.
I would like further assistance
In relation to applying for a refund of fees, the Government website contains all the appropriate forms and address in which to send your application F https://www.gov.uk/employment-tribunals/refund-tribunal-fees
For further information on matters covered by the article or any employment law/people management issue affecting your business please contact Jennie Jahina, Head of Employment at Wilson Browne on 0800 088 6004.