Employment tribunal president lifts fees claim stay with “administrative” solution imminent

Doyle: stay lifted

The Ministry of Justice and Her Majesty’s Courts and Tribunals Service (HMCTS) will soon announce an “administrative” solution to claims arising from the Supreme Court’s ruling last month that the current fees regime is unlawful, it has emerged.

The president of employment tribunals in England and Wales, Judge Brian Doyle, said on Friday that this was why he had decided to lifted the stay on claims, just nine days after imposing it.

Judge Doyle issued his second case management order on Friday, explaining that the Ministry of Justice and HMCTS would “shortly” explain how to make claims for reimbursement and applications for the reinstatement of claims rejected or dismissed for non-payment of fees.

This meant such claims or applications would be dealt with “administratively and almost certainly without need for judicial intervention or judicial decision”.

He said: “On that basis, the general stay may be lifted. Claims or applications that rely to any extent upon the decision of the Supreme Court… other than in respect of reimbursement of fees or reinstatement of claims as above, may proceed to be considered in the usual way.”

An estimated £32m is set to be refunded, but there have been issues to address such as how to deal with refunds in claims involving multiple claimants, and what to do when the tribunal has ordered the opposing party to reimburse a fee.

Leave a Comment

By clicking Submit you consent to Legal Futures storing your personal data and confirm you have read our Privacy Policy and section 5 of our Terms & Conditions which deals with user-generated content. All comments will be moderated before posting.

Required fields are marked *
Email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.


18 October 2018
Claire Stockford

An analogue decision? Google defeats attempt at consumer ‘class action’

In an eagerly awaited judgment, the High Court handed down its ruling in Richard Lloyd v Google LLC on 8 October. It seems clear that there is a degree of reluctance to permit group litigation which will not materially benefit consumers. That being said, it is hard to ignore the increased possibilities of group litigation in the context of corporate data breaches, particularly following the implementation of GDPR earlier this year.

Read More