Following the Supreme Court judgment on tribunal fees, the Government has launched the first stage of a refund scheme for employment tribunal fees.

The facts

In July, the Supreme Court held that the imposition of fees in employment tribunals is unlawful (see our alert here). The Government quickly announced that any fees paid under the regime would be reimbursed.

The first stage of the refund scheme, expected to last four weeks, was launched on 20 October. A press release from the Ministry of Justice and HM Courts and Tribunals Service states that, at this initial stage, up to around 1,000 people will be contacted individually and given the chance to apply for a refund before the full scheme is opened up in the coming weeks. The MoJ and HMCTS are also working with trade unions in relation to large multiple claims. The press release goes on to clarify that successful applicants will be paid interest of 0.5%, calculated from the date of the original fee payment up until the refund date. A pre-registration scheme is also being set up for those who have paid employment tribunal fees, but have not been invited to take part in the initial stage so that they can register an interest in applying when the full scheme is rolled out.