The system of fees for bringing employment tribunal claims was ruled unlawful by the Supreme Court on 26th July 2017. Fees are not payable for claims brought now, and fees paid in the past should be repaid.
Nucleus has argued that the fees deter people from exercising their rights. There is also an argument that the government was profiting from proving access to justice. The decision is based primarily on UK constitutional law: that the rule of law requires people to have access to the courts unless Parliament has clearly said otherwise.
Submitting a tribunal claim now
As at 28th July:
- claims can be submitted without a fee, either by post, or in person to those tribunal offices which accept service in person: see www.gov.uk/employment-tribunals/make-a-claim
- the facility for making claims online is temporarily unavailable while it is changed.
Past claims, including repayment of fees
Employment tribunal fees paid in the past should be repaid. The government will announce details of a refund scheme. WE are keeping a eye on what happens if the tribunal ordered the employer to reimburse the fee to the claimant, including if the tribunal ordered this but the employer failed to pay; or if fees were reflected in an amount paid by the employer under a settlement agreement.
The government have issued this press release