Branches will be aware of the recent decision made by the Supreme Court to abolish Employment Tribunal Fees and Employment Appeal Tribunal Fees and rule that the fee regime is unlawful. In simple terms the judgment means that no one should have been asked to pay fees to enter the tribunal process and those that did are entitled to be refunded from the Government.
The decision has thrown up a number of issues which centres around individuals who were disadvantaged, insofar, as they did not make an application to the Tribunal as a result of the fees and in some cases had their claims struck out because the fees were not paid on time.
At this point in time we are seeking further clarification as to whether these Tribunal cases can be re-submitted but as of yet no information is forthcoming.
In relation to the funding of the fees, you will be aware that the CWU agreed to underwrite our members’ fees, some of which were paid direct by the member and others were paid by the Branch on behalf of the member and were subsequently refunded by CWU Headquarters.
It will be our intention to seek to recover these payments, as and when the refund process has been published.
In the meantime members should be advised that they can apply to submit an Employment Tribunal once they have gone through the early conciliation process with ACAS, without the need to submit any payments and the Employment Tribunal website has been amended accordingly.
Further information will be provided to Branches in due course.
Yours sincerely
Tony Rupa
Head of Legal Services
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