This is potentially good news for employers. Last month saw the end of tribunal fees and the risk that tribunal claims could not only return to their pre-fee levels, but also that potentially thousands of cases could be brought alleging that the fees prevented them from issuing a claim at the time.

The president of the Employment Tribunals has ordered that all claims which rely on the Supreme Court decision that tribunal fees were unlawful are to be stayed in anticipation that the government will be announcing further decisions relating to that judgment.

This does not mean that no new claims can be issued at employment tribunals – they can (and without payment of any fee). But it does prevent a deluge of claims arguing that they should be allowed to bring a claim outside of the time limit due to the repeal of the fees regime.

It may be that the government is proposing legislation to amend the tribunal rules to address the implications of the fees regime ending or it may simply be that the tribunal system recognises that it would not be able to cope with the potentially huge volume of work that could result, particularly from claims that were struck out for failure to pay the fee.

No doubt there will be more developments on this topic soon.

If you’re concerned about a tribunal case your business is facing, contact us for expert advice.

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