Laura Macdonald | Senior Associate

Reinstatement of Employment Tribunal cases which were struck out for non-payment of fees

Following our update on 26 July 2017, containing the breaking news that the Supreme Court had deemed Employment Tribunal fees as unlawful as preventing access to justice, it is now emerging that the Employment Tribunals are extending time and reinstating cases where the reason for strike-out has been inability to pay Tribunal fees.

A few weeks ago, the Law Society Gazette reported the first case in which an Employment Tribunal (in Southampton) had ruled that time should be extended because the rejection of the claim on the basis of failure to pay fees was unlawful, following the Supreme Court’s decision of 26 July.

The Employment Judge agreed that this ought to justify a “just and equitable” extension of time under the Equality Act 2010 (it is important to note that this was a discrimination case) and granted the extension for the claim to be reinstated and proceed.

There has since been reports of other cases where Employment Judges are acknowledging the argument that time should be extended due to a Claimant’s initial inability to pay the Tribunal fees to allow their case to proceed.

Therefore, if you have had a claim struck out in the Employment Tribunal due to non-payment of an issue or hearing fee, we will be more than happy to advise and assist you. Please contact us online by clicking here or speak to a member of our specialist team on 0333 222 1855.

Laura Macdonald

Laura Macdonald

Employment Law Team

“I strive to provide clear and practical advice to clients, focussing on the individual or organisation’s particular circumstances and requirements.”

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