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Eversheds Sutherland: Employers face increased risk of employment-related claims from workers as Supreme Court rules Employment Tribunal fees are unlawful

  • United Kingdom
  • Global


    Diane Gilhooley, Head of the Global Human Resources Group, Eversheds Sutherland, comments:

    “As a result of today’s judgment, no further fees can be charged by HM Courts and Tribunals Service in employment cases unless, and until, a replacement scheme is introduced. This means new claims can be lodged now without the claimant paying an issue fee, and existing claims can proceed to a hearing without the claimant having to pay a hearing fee.

    “The government is likely to move quickly to put in place a more proportionate replacement fees scheme. What that will look like remains to be seen. The volume of claims might then drop once again, but not to the low levels seen in the last four years.

    “As for those who have already paid tribunal fees, the Ministry of Justice has undertaken to reimburse fees already paid. What is not yet clear, however, is whether that undertaking extends to compensating employers who have been ordered by tribunals to reimburse fees paid by claimants.”

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