Costs in the employment tribunal
Costs in the employment tribunal

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Costs in the employment tribunal
  • Types of order relating to costs
  • Costs orders relating to representation
  • Preparation time orders
  • Costs orders to reimburse a party's tribunal fees
  • Costs orders relating to expenses
  • When a costs order or a preparation time order must or may be made
  • Obligation to make an order: failure to provide job availability evidence (unfair dismissal)
  • Discretion to make an order: postponements, adjournments, breach or order or practice direction
  • Discretion to make an order: vexatious, abusive, disruptive or otherwise unreasonable conduct or no reasonable prospect of success
  • more

This Practice Note outlines the types of orders that can be made relating to costs in the employment tribunal, including orders relating to representation, reimbursement of a party’s tribunal fees, expenses and allowances paid to an assessor or expert. It also considers preparation time orders and wasted costs orders. It explains the circumstances in which an order must or may be made, the effect of a previous deposit order, the amount that can be ordered and the relevance of a party’s ability to pay. The Practice Note also considers costs warnings by the employment tribunal and between the parties, and the Presidential Guidance, and sets out the time limit for compliance with a costs order.

Types of order relating to costs

Employment tribunals have the power to make the following types of order relating to costs:

  1. costs orders relating to representation: an order that a party make a payment to another party in respect of the costs (fees, charges, disbursements or expenses) that other party has incurred while legally represented or while represented by a lay representative—see: Costs orders relating to representation, below

  2. preparation time orders: an order that a party make a payment to another party in respect of the time that other party spent preparing the case while not legally represented—see: Preparation time orders, below