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updated on 22 January 2018
The Ministry of Justice (MoJ) has already refunded almost £2 million in employment tribunal fees since the Supreme Court’s ruling that such charges were unlawful and a barrier to justice. However, this represents only a fraction of the repayments that the government expects to have to make, which could be as high as £33 million.
In 2013 the government started charging £1,200 for a member of the public to exercise their legal rights and bring a claim against their employer on matters such as unfair dismissal and discrimination on the grounds of age, race or sex. The government argued that introducing such a charge was necessary to discourage bogus claims and to place more of the burden of paying for the justice system on those who are using it, but the Supreme Court ordered it to scrap the charge and refund claimants in 2017. During the four years that the charge was in operation, employment tribunal claims decreased by 79%.
Since the ruling, Litigation Futures reports that the government has refunded 2,151 cases, with payments amounting to £1.8 million. The MoJ expects that total refunds will amount to around £33 million and has been working with trade unions to respond to large multiple claims involving hundreds of people.
Anyone who thinks they may be eligible for an employment tribunal fee refund can apply through gov.uk.