Employment Claims Stayed Following Landmark Fees Ruling
The President of the Employment Tribunals in England & Wales has made an order staying all employment claims and applications in the tribunal which seek to rely on the Supreme Court's landmark ruling last month to scrap fees.
The order states that all such claims will be "stayed to await decisions of the Ministry of Justice and Her Majesty’s Courts and Tribunals Service in relation to the implications of that decision". Following the Supreme Court's decision to scrap tribunal fees, the government promised to stop charging fees immediately and to refund those who have previously paid them - at a cost of approximately £32m.
The employment tribunals subsequently confirmed that the requirement to pay fees was suspended and work commenced on updating the relevant online forms.
Who Is Affected?
The order will affect any claims lodged out of time because of the fee regime, and applications to overturn decisions to strike out or reject claims because they were lodged without the necessary fee or remission statement.
It is not clear if the order will impact upon the process of reimbursing individuals for fees they have paid in the past.
A Controversial Order
The order has so far been met with widespread criticism from senior legal figures, in particular to do with its reference to the interference in judicial decisions by the Ministry of Justice, which is intended to be an impartial body. Some critics have described the order as "opaque" and resulting in "unresolved questions".
Looking to Lodge a Claim?
Certainly, the order does not provide legal advisers with any clarification on the advice that they should be providing to clients potentially affected by the Supreme Court's decision. Whilst each case will have to be judged on its own facts, the general advice to claimants may be to lodge claims now, despite the stay, in order to minimise any risk of being accused of undue delay.
We will of course keep you updated on any developments in relation to this order and any further decisions when they arise.