Tribunal Fees - Stay on Cases has been removed

Earlier this month, the Presidents of the Employment Tribunals issued an order staying all claims and applications arising from the Unison decision by the Supreme Court that employment tribunal fees are unlawful.

Last week, in another order, that stay has been lifted. All applications for reimbursement of fees, or for the reinstatement of claims rejected or dismissed for non-payment of fees, shall be made in accordance with administrative arrangements to be announced by the Ministry of Justice and HMCTS shortly.

Any other (judicial, as opposed to administrative) matters arising from the Unison decision are no longer subject to any stay, and fall to be considered judicially in the normal.

Comment

In effect this order means that potential claimants, who either had their claims rejected for non-payment of fees or decided not to claim because of them and now want an extension of time, can now proceed with their cases. It has been reported in the last couple of days that a tribunal has already granted an extension of time to a claimant who had her claim rejected due to non-payment of the fees.

At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Paul, Kate or Andrew will be happy to discuss it with you.