A v B | Should Claimants who paid a fee to bring their claim be entitled to that money back from the Respondent as part of their award?

A v B

Our second case is about another hot topic in employment law, Tribunal Fees. Despite being recently removed from the ET website this case posed an important question:

Should Claimants who paid a fee to bring their claim be entitled to that money back from the Respondent as part of their award?

Little is known of the facts in this case but the answer appears to be no. As fees have since been abolished and Claimants who had to pay them will be reimbursed by the government, the ET held that the Respondent would not have to pay back the fees as part of the Tribunal award.

This means any employers with a claim ongoing that was lodged before fees were abolished, are less likely to be liable for £1,200 in fees should they lose. It could also mean that employers who did lose an ET claim might be able to reclaim the repaid fee that would have formed part of the Tribunal award. When the method of re-imbursement is announced, we will contact any clients who might be eligible to help them reclaim the money. If you think you might be eligible, please contact us.