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Removal of employment tribunal fees - how it affects you

This advice applies to Scotland

From 26 July 2017 you won’t need to pay fees to make an employment tribunal claim.

If you paid employment tribunal fees in the past you’ll soon be able to claim them back.

These changes are because the Supreme Court has decided employment tribunal fees are unlawful. The Supreme Court is the UK’s highest court.

Making a tribunal claim

You won’t have to pay any fees to make an employment tribunal claim.

If you’re making a claim, don’t worry if you still see some mentions of fees - it will take time for the court system to change its forms and guidance. You can ignore anything that says you need to pay.

If you’re filling in a form, leave it blank anywhere it mentions fees.

Find out how to start a tribunal claim - including the time limits you’ll need to keep to.

Claiming back tribunal fees

You’ll be able to get back any fees you’ve paid to make an employment tribunal claim.

Before you start, check what fees you paid. For example, look for bank statements, cheque stubs or copies of forms you sent to the employment tribunal.

Also look for copies of any tribunal judgment, settlement agreement or agreement from Acas early conciliation - called a ‘COT3 agreement’.

You can find out how to claim back your fees on GOV.UK.

If fees stopped you making a claim

It might be possible to make a late claim if you wanted to make a claim in the past 4 years, but couldn’t because of the fee. 

Check what you can do if fees stopped you making a tribunal claim.

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