Filing an Employment Tribunal claim following the unlawful fees ruling

The Supreme Court judgment making Employment Tribunal Fees unlawful means that people were able to file employment tribunal claims from 26th July 2017 without paying a fee.

The Ministry of Justice said that it would refund fees paid since their introduction in 2013.

The President of the Employment Tribunals issued a case management order on 9 August, which provides guidance for two types of situation;

1. Cases that were thrown out because the Claimant did not pay the appropriate fees.

2. Cases that were not filed because the person couldn’t afford the fees.

The case management order says that anyone who wants to file a claim falling in either of  these two categories should wait until a decision is made by the Ministry of Justice and HM Courts and Tribunals Service on the implications of the fees decision.

This does not mean that you cannot file your claim. You can when they’ve figured out how they will deal with such claims. If you are in this situation you should contact your Regional Employment Tribunal office and ask them how to proceed with your claim.

We will provide an update when we have more information.


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