Following the Supreme Court’s ruling this summer that Employment Tribunal fees were unlawful, the government has announced its fees refund scheme: individuals will be refunded their original fee along with an interest of 0.5% calculated from the date of the original payment up until the refund date.

The government has estimated the cost of the ET fees refund, including interest, to be around £33 million.

The first stage in reimbursing those eligible has begun, with approximately 1000 individuals who had paid ET fees being contacted directly and invited to submit an application for a refund.

The government has estimated the cost of the ET fees refund, including interest, to be around £33 million.

The government states that:

• this phase will last for around 4 weeks and that details of how refunds can be accessed will be made available when the scheme is rolled out fully;
• those who have paid ET fees, but have not been invited to take part in the initial stage, can register an interest in applying when the full scheme is rolled out, by email to: ethelpwithfees@hmcts.gsi.gov.uk

How long those affected, which may include businesses who have paid for ET fees for employer’s breach of contract claims or judicial mediation, will have to wait for a refund is yet to be seen. We will keep you up to date on the latest developments in this area.