Employment Tribunal Fees Unlawful - Supreme Court

[Amethyst]

https://www.supremecourt.uk/cases/do...3-judgment.pdf

Government to repay £31million.

[ETFarce]

Re: Employment Tribunal Fees Unlawful - Supreme Court

That solves part of the problem. Now if only there was something we could do about incompetent and bias employment judges!!!

[Amethyst]

Re: Employment Tribunal Fees Unlawful - Supreme Court

Tribunal fee refund plan revealed - three months after Supreme Court ruling

By Max Walters20 October 2017


Nearly three months after employment tribunal fees were shot down by the Supreme Court, the government has revealed plans for refunding at least some who had forked out.
The Ministry of Justice today announced a 'first phase', primarily aimed at people applying for refunds in single claims. Officials will begin writing to an initial group of up to 1,000 people.
According to the government, the group will consist of people who have contacted the department since the Supreme Court’s 26 July judgment enquiring about a refund.
People who paid the fees, but have not been invited to take part in the initial refund stage, have been invited to register online or by post.
In a written statement to parliament today, justice minister Dominic Raab said the four-week phase would try to ensure that the refund scheme works ‘efficiently and effectively’.
The government said it would be working with trades unions on how the process should be applied to applications for refunds in larger multiple claims.
A full refund scheme, for both types of claims, is planned for early next month.
Those who will be eligible to apply for a refund under the scheme are:

• People who paid a fee directly to the employment tribunal or employment appeal tribunal, and have not been reimbursed by their opponent pursuant to an order of the tribunal.
• People who were ordered by the tribunal to reimburse their opponent their fee and who can show that they have paid it.
• Representatives who paid a fee on behalf of another person and have not been reimbursed by that person.
• The lead claimant (or representative) in a multiple claim who paid a fee on behalf of the other claimants.

Further guidance will be available after the scheme has been rolled out.

[Amethyst]

Re: Employment Tribunal Fees Unlawful - Supreme Court

https://www.lawgazette.co.uk/law/tri...063708.article

Anyone who paid an employment tribunal fee can now apply for a refund, the Ministry of Justice said today – more than three months after the Supreme Court declared the fees unlawful. The announcement follows ’a successful opening phase of the scheme’, the ministry said.

Last month, the government announced a ‘first phase’. This stage was primarily aimed at people applying for refunds in single claims – around 1,000 people were included.


This has now been opened up to include all potential claimants. The MoJ said it has been working with trade unions who have supported large multiple claims potentially involving hundreds of claimants. The refund is expected to cost around £32 million.


However, in another hint that it might reintroduce fees in the future, the MoJ added: ‘The [Supreme] Court recognised the important role fees can play, but ruled that the government had not struck the right balance in this case.’
Anyone who thinks they may be eligible for a refund can apply online.


Tribunal fees were introduced in July 2013 through an order made by then lord chancellor Chris Grayling. They started at around £160, and increased to between £230 and £950 for further hearings. For certain claims, claimants had to pay up to £1,200.


July’s Supreme Court ruling overturned judgments by the High Court in 2013 and the Court of Appeal in 2015. Instead the justices unanimously backed an appeal by trade union Unison which argued that the fees were introduced unlawfully.

[Amethyst]

Re: Employment Tribunal Fees Unlawful - Supreme Court

And here's how to claim them https://www.gov.uk/employment-tribun...-tribunal-fees

7. Get a refund for tribunal fees

You can get a refund if you paid fees at an Employment Tribunal or Employment Appeals Tribunal between 29 July 2013 and 26 July 2017.
How to apply

You can apply online if:

• you haven’t changed your name since you made the claim to the tribunal
• your claim was against one employer
• you have a UK bank account

Otherwise, you can apply by post or email.
You’ll need to include how much you paid in tribunal fees.
Apply online

Use the service to apply for a refund online.
Apply by email or post

• form 1-C if you paid the fees and made the claim
• form 3-S if you paid the fees for someone else to make the claim (for example if you’re a lawyer or trade union)
• form 2-R if the tribunal ordered you to pay the fees of someone who brought a claim against you

Send your completed form by post or email to HM Courts and Tribunals Service.
HM Courts and Tribunals Service -England and Wales
etrefunds@hmcts.gsi.gov.uk

Employment Tribunal - England and Wales
Customer Contact Centre
PO Box 10218
Leicester
LE1 8EG



HM Courts and Tribunals Service - Scotland
glasgowet@hmcts.gsi.gov.uk

Employment Tribunal - Scotland
Customer Contact Centre
PO Box 27105
Glasgow
G2 9JR



What happens next

If you’re entitled to a refund it’ll be transferred to your bank account (plus 0.5% interest). You’ll get a letter confirming the amount.