Update on Tribunal Fees

Thanks to Michael Reed, Employment Legal Officer at the Free Representation Unit, for preparing this case summary

Some more information on employment tribunal fees.

1. The judicial review challenge to the legality of tribunal fees brought by Unison has now been listed in the High Court for 22nd and 23rd October 2013, and the parallel challenge in the Court of Session brought by Fox & Partners has a hearing next week, on 26th September.  The Ministry of Justice has undertaken to refund any tribunal fees paid if the fee scheme is ultimately held to be unlawful.

2. The new fee remission structure is going to come into force on 7th October 2013, according to this SI.

3. The EAT can hear an urgent appeal without a fee being paid or a fee remission granted. In Dozie v Addison Lee Plc they concluded that an appeal is properly instituted at the point it is presented, regardless of the fee position (paragraph 33). Normally the EAT will take no action until the fee is paid or remission granted. If a required fee is not paid, the appeal will be struck out under rule 17A. But, in urgent cases, the EAT has jurisdiction to hear the appeal, leaving the fee to be paid (or the fee remission granted) later.