For the first time since it ruled ET fees to be unlawful, the ET has extended the time limit within which a claimant was allowed to bring her claim. Ms Dhami was allowed to lodge a fresh claim after her original claim was time barred when she was not able to pay her fees in time.

It is clear that the ET are willing to consider cases such as these, where claimants have been prevented from bringing claims because of the requirement to pay a fee. However, the Judge in this case considered several factors (not just the fees issue) to decide whether it would be just and equitable to allow Ms Dhami to bring a new claim, which indicates that each application will be considered on a case by case basis.

What is not known yet is how far the ET will look back to allow claimants to bring fresh claims. Accordingly, this is still an area where much development is expected and it is yet to be seen just how wide the floodgates will swing open.