Further to my blogs on 8 August and 10 August , the President of the Employment Tribunal (ET), Judge Brian Doyle, has made a second case management order for claims and applications brought in light of the Supreme Court’s decision in R(UNISON) V Lord Chancellor. The effect of the second order is to remove the stay that was previously placed on claims and applications. The main terms of the new order are:

  1. The stay on all claims and applications brought to the Employment Tribunal in England and Wales in reliance upon the decision in the Supreme Court in R (on the application of Unison) v Lord Chancellor [2017] UKSC 51 (26 July 2017) is lifted with immediate effect.
  2. So far as is necessary, applications for reimbursement of fees, however paid or by whom, shall be made in accordance with administrative arrangements to be announced by the Ministry of Justice and Her Majesty’s Courts and Tribunals Service shortly.
  3. So far as is necessary, applications for the reinstatement of claims (of whatever kind) rejected or dismissed for non-payment of fees shall be made in in accordance with administrative arrangements to be announced by the Ministry of Justice and Her Majesty’s Courts and Tribunals Service shortly.
  4. All other claims or applications brought to the Employment Tribunal in England and Wales in reliance up-on the decision shall proceed to be considered judicially in accordance with the appropriate legal and procedural principles in the usual way.
  5. Any party or representative wishing to make representations for the further conduct of such claims or applications should do so upon application to the Regional Employment Judge for the relevant Employment Tribunal region.

What this means is that the following applications are still on hold whilst the Government and the Courts some up with a system for dealing with them:

  • Applications for refunds of fees, whether paid by claimants or employers;
  • Applications for the reinstatement of claims rejected or dismissed for non-payment of fees.

All other claims or applications that people want to bring to the ET in England and Wales based on the decision can continue in the usual way.