Following the Supreme Court's decision in R (on the application of Unison) v Lord Chancellor, which declared the Employment Tribunal fees regime unlawful and invalid with immediate effect, the Presidents of the Employment Tribunals in England and Scotland ordered that all claims brought 'in reliance' on that judgment be stayed.

On 18 August 2017, this stay was lifted with immediate effect by a further Presidential Order. In short, this states that those considering applications for fee reimbursement, and for the reinstatement of claims which had been rejected or dismissed for non-payment of fees, should wait to make such claims in line with administrative arrangements to be announced 'shortly'. Other claims which may be being prepared in reliance on the Unison decision should be commenced in the usual way.

A copy of the latest Presidential Order can be found here, and our detailed commentary on the Unison decision can be found here.