The Government has now confirmed that, at least for the moment, ET fees will no longer be charged, and steps will be taken to repay all those who have paid such fees in the past.
Justice Minister Dominic Raab said:
"In setting employment tribunal fees, the Government has to consider access to justice, the costs of litigation, and how we fund the tribunals.
The Supreme Court recognised the important role fees can play, but ruled that we have not struck the right balance in this case.
We will take immediate steps to stop charging fees in employment tribunals and put in place arrangements to refund those who have paid.
We will also further consider the detail of the judgment."
On the face of it this means that both employers and employees involved in Employment Tribunal litigation may be entitled to refunds on any claim, application, hearing and judicial mediation fees. But the more significant issue for employers will be whether this sea change unleashes a hitherto pent-up stream of new claims…