Employment Tribunal Fees - 3 Things We've Learnt This Week
Following the recent finding that the tribunal fees regime was unlawful, Justice Minister Dominic Raab, has this week answered a number of questions on employment tribunal fees in Parliament. How will you be affected?
- Rebate Arrangements for Fees Paid
The Minister was unable to give a clear answer on how fees would be reimbursed, stating that 'practical arrangements' would be announced shortly.
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No Mention of a Replacement Fee Regime
He reiterated that the government had got the balance between the contribution of those who use the justice system and the amount borne by the taxpayer wrong. Notably however he made no mention of plans to introduce a replacement fee regime.
He also indicated the government's intention to reinforce the role of ACAS and noted its strong impact on reducing the number of cases that needed to go to either Court or tribunal.
- Claims Brought out of Time
Anyone who was unable to bring a claim because of the fee regime can submit to the employment tribunals to have their case heard outside the usual time limits. The judiciary will consider those applications on a case by case basis.
What Does This Mean for You?
It now seems clear that there is no replacement fee regime on the horizon. Employers may notice an overall increase in the number of tribunal claims as a result of the absence of fees, and as employees and former employees move to lodge claims which they allege they were prevented from bringing whilst the free regime was in force.
It is still not clear if employers who have paid a fee to an employee under an Employment Tribunal order or settlement will be able to apply for a refund.
The practical arrangements for reimbursement of tribunal fees are yet to be confirmed and we will keep you updated with developments.