The process for reimbursement of Employment Tribunal fees is now known. As you will all be aware, ET fees were declared unlawful by the Supreme Court in July. For a refresher on the landmark judgment click here. As a result of the decision, parties who have paid a fee between 29 July 2013 and 26 July 2017 are entitled to have that reimbursed.
The Ministry of Justice and the HM Courts and Tribunal Service have successfully completed the pilot stage of the reimbursement scheme (which involved contacting around 1,000 individuals and trade unions). The full scheme is now being rolled out, and any party who thinks they may be eligible for a refund is being invited to apply.
While the reimbursement process will primarily affect claimants who have paid fees for their tribunal claims or appeals, there are of course instances where a respondent employer will have paid a fee and so be entitled to reimbursement. Respondents may have paid fees when ordered by the tribunal to reimburse fees paid by claimants; or in relation to counter claims for breach of contract claims, judicial mediation, applications for reconsideration of judgments and appeals.
The full details of the scheme are available on the government website. Parties who have paid fees need to fill out the appropriate form and submit this to the HM Courts and Tribunals Service via the online service or by post.
If you were a claimant in a tribunal then you should complete a form 1-C if you paid the fee yourself. If someone else paid the fee on your behalf (such as your solicitor or union) then you should contact them as they will need to complete a form 3-S.
If you are an employer who has paid a fee, then you should be completing a form 2-R and submitting this to the HM Courts and Tribunals Service by post or via the online service.
If your application is successful, the fee that you paid will be transferred to your bank account (with 0.5% interest) and a letter will be issued to you confirming the amount.