Can I still present a claim after my claim was struck out, if it was because of the fee structure?
This question is currently a hot topic. The Employment Tribunal have remained quiet on the issue, noting simply that this maybe a matter to be re-visited. They are yet to advise on further decisions and guidance has not yet been produced.
The abolishment of Tribunal Fees has paved the way for the possibility of people getting a second chance to pursue their claims if being unable to fund the fees prevented it previously being heard.
There has been a case to try to test this argument which succeeded: Dhami v Tesco Stores Limited.
It is clear from the circumstances in this case, which involved a supermarket worker who originally brought a claim of disability and age discrimination against her employer, that the payment of the tribunal fees was not the only factor for the argument that it was ‘just and equitable’ to allow the time limit to be extended for her to now present her claim.
Tesco themselves had struggled to define the exact termination date for the Claimant which gave rise to possible ‘just and equitable’ arguments alone. That said the strike out for the none payment of fees appeared to be the real crux of the case. Southampton Tribunal was inclined to agree with the arguments allowing the claim to be advanced.
Carrie-Ann Randall, Associate within the Employment Department comments: “This is a really pleasing result not just for the Claimant in question but also for the hope that it gives to others.
I have seen how the introduction of fees caused some Claimant’s to lose their rights to justice as it was not just their income and circumstances that were considered when looking at any relief. Furthermore, it is a step in the right direction to try to show that it is extremely important in such serious matters for termination dates and circumstances to be clearly defined.
I am hopeful that those Claimant’s whose claims are currently stayed following the Case Management Order released by the Supreme Court on 9th August 2017, will be granted their rightful opportunity to test their cases.”
Lawson-West Solicitors are experts in Employment law matters relating to discrimination in the workplace and have offices in Leicester, Wigston and Market Harborough. If you have been effected by the introduction of fees and denied your right to justice, please contact a member of our team on 0116 212 1000 / 01858 445 480.
We are also working with clients we acted for previously to provide support and assistance in helping them be reimbursed for tribunal fees they have paid.
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