From 26 July 2017 you won’t need to pay fees to make an employment tribunal claim. If you paid employment tribunal fees in the past you’ll soon be able to claim them back. These changes are because the Supreme Court has decided employment tribunal fees are unlawful. The Supreme Court is the UK’s highest court.
You won’t have to pay any fees to make an employment tribunal claim and if you’re making a claim, don’t worry if you still see some mentions of fees – it will take time for the court system to change its forms and guidance. You can ignore anything that says you need to pay. If you’re filling in a form, leave it blank anywhere it mentions fees.
You can start a tribunal claim by filling in the ET1 form on GOV.UK. You can fill in the form online or download it and print it. It’s better to use the online form where possible as it’s up to date and no longer mentions fees. It also saves postage time.
If you’re using the paper form, ignore the questions about fees. These are:
- all the questions on the first page
- question 14, ‘Fees’, on page 11
You’ll be able to get back any fees you’ve paid to make an employment tribunal claim. The way to get your fees back hasn’t been decided yet, but it will be soon.
You can prepare by finding any documents that show what fees you paid. For example, look for bank statements, cheque stubs or copies of forms you sent to the employment tribunal. Also look for copies of any tribunal judgment, settlement agreement or agreement from Acas early conciliation – called a ‘COT3 agreement’.
It might be possible to make a late claim if you wanted to make a claim in the past 4 years, but couldn’t because of the fee.
If you want to find out more information then check out the Citizens Advice website for details : Employment Tribunal fees