Following the decision by the Supreme Court in August that the order introducing tribunal fees was illegal, the government announced on 20 October that the first people eligible for a refund can now apply.

It also announced that it would individually contact up to about 1,000 people to give them the chance to complete applications before it opens up the scheme more generally over the next few weeks. As well as being refunded their original fee, successful applicants to the scheme will also be paid interest of 0.5 per cent, calculated from the date of the original payment up until the refund date.

The government estimates that the opening phase of the refund scheme will last for around four weeks. Further details of the scheme, including details of how it can be accessed, will be made available when the scheme is rolled out fully.

Following the introduction of the fees order by the government in 2013, workers who had been sexually harassed, sacked because of their race, or bullied because of their sexuality had been forced to pay £1,200 for their claim to be heard by an employment tribunal. Those seeking to recover unpaid wages or holiday pay had to pay up to £390. The Supreme Court held that as the order introducing fees prevented access to justice and discriminated against women, it was unlawful and must be quashed (LELR 531).

Jo Seery, of Thompsons Solicitors, comments: “While it is clearly welcome that the Government is now starting to reimburse those who have had to pay fees and with some interest and is working with trade unions on how to deal with multiple claims, it is disappointing that there is no clear guidance from the government for those who were denied access to justice because they could not afford to pay the fee.”

Those who wish to do so can register by email at: ethelpwithfees@hmcts.gsi.gov.uk. 

Alternatively, they can register by post to the following addresses:

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

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