Update on Employment Tribunal Fees

25 August 2017

There has been an important update regarding all claims or applications brought to the Employment Tribunal in England and Wales, as a result of the case of R (on the application of Unison) v Lord Chancellor [2017] UKSC 51 (26 July 2017).

The President's Case Management Order of 9 August 2017 stayed all claims and applications before the Employment Tribunal.

The Case Management Order of the President (No.2) dated 18 August and released today states as follows:

  1. The stay on all claims or applications brought to the Employment Tribunal in England and Wales will be lifted with immediate effect
  2. Applications for reimbursement of fees shall be made in accordance with arrangements to be announced shortly
  3. Applications for the reinstatement of claims (of whatever kind) rejected or dismissed for non-payment of fees shall be made in accordance with administrative arrangements to be announced shortly
  4. All other claims or applications brought to the Employment Tribunal in reliance upon the decision of the Supreme Court shall proceed to be considered judicially in accordance with the appropriate legal and procedural principles in the usual way
  5. Any party or representative wishing to make representations for the further conduct of such claims or applications should be made to the Regional Employment Judge for the relevant Employment Tribunal region.

The Case Management Order can be found here.

Case Management Order Number 130 of the President of the Employment Tribunals (England and Wales) re Unison.

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