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Government reforms (2): Tribunal fees – refunds available (finally!)

What do we already know?

We updated you in our July 2017 Newsflash Tribunal fees unlawful – enormous impact that the Supreme Court ruled Tribunal fees unlawful and removed them with immediate effect, including retrospectively all the way back to their start in July 2013.

The Supreme Court’s decision also meant the refunding of all Tribunal fees paid in the past by the Lord Chancellor’s Department.

What’s new?

After a brief pilot scheme, the full scheme for refunding Tribunal fees is open for use.

The scheme can be used immediately by all claimants and respondents who have paid a fee during Tribunal proceedings, or during an appeal to the EAT. Refunds will be processed directly to the applicant’s bank account, together with interest at 0.5%.

There are various ways to apply for a refund:

The forms also make it clear that all types of fee can be reclaimed, not just fees for issuing a claim or having a hearing which were the subject of the Supreme Court’s decision. A list of fees is set out at the end of the form, which includes fees for: judicial mediation; reconsideration of a default judgment; reconsideration of judgment following a final hearing; dismissal following withdrawal; and employer contract claims.

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