Employment Law Cases

Tribunal fees and struck out claims

Tribunal claims which were struck out during the last four years because of non-payment of tribunal fees are to be reinstated.

In a Case Management Order dated 18 August 2017 the President of the Employment Tribunals confirmed that the Ministry of Justice and Her Majesty’s Court and Tribunal Service would come up with a judicial process to deal with both repayment of fees (the details are expected in September) and application to reinstate cases which were dismissed for non-payment of fees. They have said that this will be done without the need for judicial interference or judicial decision. This follows the Supreme Court’s ruling that such fees are unlawful.

What’s the likely practical effect of this for employers?

Many potential claims that employers believed had disappeared will now automatically be reinstated. This will give employers many practical problems, for instance having no-one currently employed who knows anything about the case. However, on the up side, the former employee would hopefully have another job and so the limit of their losses, even if successful, will be known. Many employees may just take a pragmatic approach which is that they have moved on with their lives and not pursue it further.