Tribunal fees are scrapped following Supreme Court decision

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In a landmark ruling on 26th July 2017, the Supreme Court decided that tribunal fees are unlawful and that fees will no longer need to be paid before taking an Employer to a tribunal.

This means that those who have brought a case since July 2013, when the fees were introduced, will have their money refunded. Trade union Unison, which brought the case to the country’s top court, has said this will amount to more than £27m.

Employers who have had to pay fees to a claimant following the loss of an employment tribunal case may be able to claim the cost of those fees back too (although that is less clear cut).

There is no news yet from the government regarding putting in place a more proportionate replacement fees scheme, but updates will be circulated as soon as we have more information.