No more Employment Tribunal fees
The Supreme Court has recently ruled that Employment Tribunal and Employment Appeal Tribunal fees are unlawful.
This quashes the Employment Tribunals and Employment Appeal Tribunal Fees Order of 2013 that introduced these fees on the basis they prevent access to justice.
Fees to be reimbursed
Fees are now no longer payable for claims in employment tribunals and any fees paid since the introduction of fees on 29 July 2013 must now be reimbursed by the government.
One of the objectives of the Fees Order was to discourage weak or vexatious claims to employment tribunals.
However, evidence has shown a marked decrease in the number of claims being made since fees were introduced and that low to middle income households simply could not afford them.
Claims to increase
Employees who feel that they have been unfairly treated are therefore now able to proceed to the employment tribunal without concern over these fees.
However, from an employer’s perspective, the chance of an employee making an employment tribunal claim has increased.
Extension of time may be available
If anyone is found to have been excluded from pursuing claims in the tribunal system as a result of these fees, it may be possible to obtain an extension of time if it can be shown that it was not reasonably practical to bring a claim in time or that it is just and equitable to obtain an extension of the deadline to bring a claim.
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