The government has now rolled out the scheme in full, which covers EAT fees as well. As anticipated, the scheme is open to both claimants and respondents who paid a fee, including those who had to reimburse their opponent for a fee incurred by the opponent pursuant to an order. The scheme is also open to representatives and sponsors who paid a fee on behalf of a party to a claim (and who have not been reimbursed).
The scheme does not cover payments under a settlement agreement designed to compensate a claimant for a fee that they might have paid.
It appears that such a claimant remains eligible to apply for a refund under the government scheme. Eligible parties can apply online or by post.
Sources: Ministry of Justice: Applications open for employment tribunal fee refunds as scheme rolls out (15 November 2017) and HMCTS: Make a claim to an employment tribunal: Get a refund for tribunal fees.
This article incorporates material originally published on Practical Law's website on 16 November 2016 and is reproduced with the permission of Thomson Reuters.
If you need further information on this issue, please contact Ian Horner, Partner and Head of the Employment Law Department, or Paralegal, Marzia Kazmi, on 01724 854000 to discuss how we can help you.
Alternatively, for information on other Employment Law matters, why not visit: -
Employment Law - for employees
Employment Law - for employers