The Government has now fully launched the tribunal fees refund scheme, following a phased implementation starting in October. The scheme is open to both claimants and respondents who paid a fee, whether to the employment tribunal or to the Employment Appeal Tribunal, and including those who were required to reimburse the other party’s fee pursuant to an order of the tribunal.

Eligible parties can apply online, by post or email using the appropriate form from www.gov.uk.

The scheme does not cover payments made by an employer under the terms of a settlement agreement or COT3 to compensate the claimant for any fees they have paid. Such claimants are also eligible to apply for a refund of these fees through the scheme, meaning that they can potentially recover the fees twice.

Claims that were rejected or dismissed due to the claimants’ failure to pay a fee will not be automatically reinstated, but we understand that HMCTS will be contacting affected claimants to ask if they wish their claim to be reinstated.