Employment tribunal fees

  • Employment tribunal fees no longer need to be paid, states ruling by Supreme Court
  • Workers that paid employment tribunal fees between July 2013 – July 2017 can claim them back
  • Workers that stopped proceedings because they couldn’t afford the fees may be able to restart their cases

In July this year the Supreme Court of Justice ruled that the system of charging fees for bringing employment tribunal claims was unlawful and “inconsistent with access to justice”.
The charges were introduced in July 2013, and meant that anyone wanting to take action against their employer and unable to reach agreement through conciliation had to pay fees to take their case to an employment tribunal. The trade union Unison argued that this was preventing workers, especially those on a lower income, from getting justice.
In addition if you paid employment tribunal fees since July 2013, you should have that fee reimbursed, the process for this will shortly be announced by the Government.
The decision also means that anyone who was thinking about making a claim between July 2013 and July 2017 but decided not to because of fees, may have a chance to make a claim now, or be able to continue a previous claim if one was started and withdrawn. Although they will have to prove that they were unable to afford the fees at the time. Likewise anyone who has been considering making a claim but was put off by the fees and has just missed the 3 month deadline may be able to make a late claim, but they will have to act quickly.
Anyone requiring help or advice should contact Citizens Advice South Hams


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Sarah – December 2023

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