ET fees quashed – how can you avoid claims?

By now you will have heard that Employment tribunal fees, which have been in place since July 2013, have been ruled unlawful by the Supreme Court.

The Court decided that the fees prevent access to justice and as such are a breach of UK common law rights.

With immediate effect fees are no longer payable to lodge an employment tribunal claim.

In addition, the Supreme Court made it clear that all fees paid between 2013 and now will have to be refunded (with an estimated cost of around £30million).

Analysts surmise that the Government may look at introducing a new fee regime, perhaps with lower fees and a different structure, but, for the time being, the position is no fees.

Our advice is to continue with best practice and obtaining our Tribunal advice at every opportunity.

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