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.