On 26th July 2017 the Supreme Court ruled that Employment Tribunal fees and Employment Appeal Tribunal fees are unlawful and have been since their introduction in 2013.
The Government immediately committed to refunding all fees paid and after a period of consultation a pilot began on 20 October 2017 where 1,000 individuals were contacted and given the opportunity to apply for a refund. This pilot completed successfully and on 15 November 2017 the fee refund scheme was opened up to all. Successful applicants will receive a full refund of all fees plus interest calculated at a rate of 0.5% from the original fee payment date up to the refund date. Fee refunds apply to appeal fees as well as to the original tribunal fees.
How to Apply for a Tribunal Fee Refund
If you are eligible to apply for a refund there are two options available:
Online refund application
An online form can be used in the more straightforward cases where you:
- Haven’t changed your name since the original tribunal claim
- Only claimed against one employer
- Have a UK bank account
If you meet these three criteria you can submit your claim online using the following link: Online Refunds
Post or Email refund application
All other cases must be submitted by post or email. To do this you can download the correct form from the HM Courts and Tribunals website or we have included copies here:
Form 1-C – if you are a single claimant (employee) who brought a claim against your employer
Form 3-S – if you were the legal representative of a claimant (e.g. a lawyer or trade union) in a tribunal claim who paid fees on behalf of your client
Form 2-R – if you were the respondent (employer) who had a tribunal claim brought against you by an employee and the tribunal ordered you to pay their fees
To complete the forms you will need some basic information on the Tribunal claim such as reference numbers, details of the claimant and respondent and the fees that were paid. Once they are complete they can either be submitted by post or email.
By email to [email protected]
By post in England to Employment Tribunal Contact Centre, PO Box 10218, Leicester, LE1 8EG
By post in Scotland to Employment Tribunal Contact Centre, PO Box 27105, Glasgow, G2 9JR
If you have any questions or need assistance completing the forms then please contact one of our expert team for help.
The Backhouse Solicitors Employment Team
Tel: 01245 893400
Email: [email protected]