Fees for employees bringing employment tribunal claims have recently been ruled unlawful, since they deny employees access to justice. The number of claims filed by employees has declined by 70% since the introduction of those fees in 2013. The Supreme Court's decision has left the way clear to employees from seeking a refund from the court service.

However, it is not clear whether employers can apply for a refund if they have paid the employee in the following circumstances:

• where an employee has won their case and the tribunal has ordered the employer to repay the fees

• where an employee has settled their claim and recovered their fee as part of any settlement

What if an employee didn’t bring a claim due to the fee regime ?

Employers may face late claims out of time where an employee was put off or prevented from bringing a claim.

Will there be a new fee regime?

One of the criticisms made of the Government by the recent decision was that the fee level set was too high compared to fees payable in the county court. It is expected that the Government will seek to introduce a lower level of fees on a possible sliding scale.

Will it affect Watford businesses?

It is likely that there will be an increase of claims which are of a low value, and which have a borderline prospect of success, forcing employers to negotiate rather than become involved in tribunal litigation. An increase in claims back to the level before 2013 will also slow the administration of claims. This will result in long delays before contested matters are resolved.

Michael Delaney is an Employment Law Partner at Watford based law firm VWV.