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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 [1] 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 [2].

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.