Following the Supreme Court’s decision* last year that Employment Tribunal fees were unlawful, claimants are eligible for a refund of fees paid between 29 July 2013 and 26 July 2017.

David Gauke, the Justice Secretary, recently wrote to the House of Commons to say that the refund scheme had been making “reasonable progress” but that “further action was necessary”. With £17,000,000 having been budgeted for refunds in 2017/18 alone, based on current figures the scheme is unlikely to achieve this target with the result being that many people who should not have been asked to pay in the first place have still not been refunded.

The Government is planning on writing to everyone who is eligible for a refund, with a first batch of 2,000 letters having been issued last month.

You can apply for a refund either by post or online at:

The refund application can be made online if:

  • Your claim was against one employer;
  • You have a UK bank account;
  • You have not changed your name since you made the claim; and
  • You know how much you paid to the Employment Tribunal.

Any refund should include interest at the rate of 0.5%.

For illustration, someone with a standard claim for unfair dismissal would have paid £1,200 in Employment Tribunal fees consisting of a £250 issue fee and a £950 hearing fee. This is not an insignificant amount, particularly when you have just lost your job. These fees should not have been charged and it is important to raise awareness so that the money is repaid with interest.


For further assistance or advice about the topics raised in this blog please contact our Employment Law Department on 01924 387 110 or click for a call back.

(* R (on the application of Unison) v Lord Chancellor [2017] UKSC 51)

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