Unlawful employment tribunal fees
31 July 2017
Due to the recent ruling that employment tribunal fees are unlawful, HM Courts & Tribunals Service has immediately taken steps to stop charging fees for proceedings in the Employment and the Employment Appeal Tribunal.
Daniel Barnett’s employment law bulletin has highlighted that the Employment & Property Jurisdictional Support Team at HM Courts & Tribunals Service has issued a message to tribunal users, reproduced below.
“You will all be aware that on 26 July, the Supreme Court handed down judgment in the case of R (Unison) v Lord Chancellor. Unison’s appeal was a challenge to the lawfulness of Employment Tribunals fees. The Court has found that the fees unlawfully hinder access to justice and the relevant Fees Order – the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013, has been quashed.
The effect of this judgment is that the fees have been found to be unlawful from the time they were introduced.
We have immediately taken steps to stop charging fees for proceedings in the Employment Tribunals and the Employment Appeal Tribunal. For an interim period, the digital service has been withdrawn for essential maintenance work to remove references to fees. During this period, anyone seeking to issue an Employment Tribunal claim will need to complete an ET1 form and submit it by post, or in person to the relevant office. Full details on how to do this are available on GOV.UK.
We hope to have an online submission portal up and running early next week.
While these arrangements are in place, it may take us a little longer to process claims and deal with enquiries. We would ask for your patience during this period.
Full details of the refund scheme will be announced in due course.”