Last week, we took a look at the reimbursement of employment tribunal (ET) fees, with the Government’s launch of its pilot scheme for some individuals.

Within the last few days, 'following a successful opening phase of the scheme' according to the Ministry of Justice (MoJ), all those who'd previously paid ET fees can now apply online for their money back. The online application form can be found on the Government’s website.

Alternatively, postal applications can be made using the following forms:

  1. Form 1-C for single claimants who brought an ET claim
  2. Form 2-R for respondents to an ET claim
  3. Form 3-S for representatives or sponsors of a party to an ET, and for lead claimants in multiple claims.

Trade Unions continue to play a key part in this development. Commenting on the end of the pilot scheme, the MoJ promised that they would 'continue to work with the [trade] unions to ensure that those who're eligible are able to claim a refund'. 

It's still not known what effect this has on individuals who were put off from bringing a claim because of the fee, and on those whose claim didn't progress because they failed to pay. 

Equally, this may not be the end of the fees saga. The MoJ noted in its announcement that the Supreme Court 'recognised the important role fees can play'. Is this an indication of a new fees system, perhaps? Who knows.

For more information, please contact Nia Cooper.