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Government announces scheme for applying for Employment Tribunal Fees refunds

In July this year, the Supreme Court found that the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013, which imposed fees for bringing claims before employment tribunals, was unlawful and discriminatory.

Since the judgment in R (on the application of Unison) v Lord Chancellor (2017) UKSC 51; (2017) 3 WLR 409 (SC), those who had paid employment tribunal fees have been waiting to hear the details of how they could apply for a refund.

The government has announced that up to around 1,000 people will be contacted today and given the chance to complete applications for a refund of the tribunal fee. The full scheme will be opened up to the remaining potential applicants in the coming weeks. Anyone who has paid an employment tribunal fee and who has not been contacted today can register their interest in the scheme by emailing ‘ethelpwithfees@hmcts.gsi.gov.uk’.

As well as a refund of the court fee, successful applicants will also be entitled to interest at 0.5%, calculated from the date of the payment up until the refund date.

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