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Employment Tribunal Fees

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Employment Tribunal Fees

I rarely report employment tribunal decisions, but fees are so 'current' at the moment, I thought I'd report some recent cases of interest.

1. In A v B, Employment Judge Brain at the Sheffield Tribunal declined to order that the Respondent should pay the successful Claimant's fees, on the basis the Claimant would soon be able to recover the fees from the government and thus there was no purpose in ordering the Respondent to indemnify him (see para 124).

2. A few weeks ago, the Law Society Gazette reported that a tribunal had extended time on the 'just and equitable' basis because the ET1 was late due to the Claimant's inability to pay fees. The tribunal's reasons are now available, and in fact the decision in Dhami v Tesco Stores said nothing of the sort; although Employment Judge Wright at Southampton acknowledged the argument that time should be extended because of an inability to pay the fees, the decision to extend time was granted on different grounds (ill health of the Claimant, and a lack of clarity over the date of dismissal).

3. Tribunals are now reinstating cases which were struck out for non-payment of fees. Here's one that Dean Morris of Morris Legal put on Twitter.

By the way, have you booked a place yet on my all-new seminar, Awkward Conversations for Line Managers? If you've got any managers handling disciplinary hearings, dismissals and performance management, this is an excellent opportunity for them. The seminar is packed with practical tips from my 20+ years at the coalface of tribunal litigation; it's designed to show them exactly how to handle everything properly and avoid things going wrong. (It's also very funny and very practical.)