Claiming Back Employment Tribunal Fees

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

refund-form-1c-eng

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

refund-form-3s-eng 

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

refund-form-2r-eng

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]

Web:    www.backhouse-solicitors.co.uk