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Employment Update: Tribunal Fees

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By Patrick Stewart

In a recent article we discussed the effects of the Supreme Court ruling on tribunal fees. A copy of which can be found here:

To bring matters up-to-date:

  • Employment Tribunals have accepted claims which would otherwise be out of time on the basis that the employee was deterred from issuing earlier by the requirement to pay the fees. It will be necessary for the employee to demonstrate that the fee was a sufficient deterrent.

  • Despite pressure from various organisations, the Government has yet to announce the mechanism under which those who have previously paid fees can reclaim those sums.

  • Anecdotally, the Tribunals have experienced a major increase in claims which is having something of a paralysing effect on their ability to process matters.  Having had resources and staffing reduced in light of the reduction in claims brought about by the introduction of fees, there will need to be some readjustment to resourcing. Failing this, whilst access to justice will be restored, the availability of that justice will be administratively prejudiced. 

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