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Posted on Wednesday 26th Jul 2017

Since the government introduced fees in 2013 both for starting an employment tribunal claim and a significantly higher fee for taking the case to hearing,  the number of tribunal cases has fallen by  79%  over those years: from around 7000  before  the fees were introduced  to about 1500 in September 2016.

However, the Supreme Court has today ruled that the government acted unlawfully and unconstitutionally when it introduced the fees.

According to the BBC website, the government has agreed to reimburse fees paid by claimants. This will mean unsuccessful claimants will receive refunds. However, we do not yet know what will be decided about successful claimants whose fees were paid by the employer as part of the award. Given that the fees were unlawful in the first place, then presumably respondent companies will be able to claim reimbursement. We await details.  

There is almost no doubt that tribunal applications will start to increase.  


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