Costs in the employment tribunal
Costs in the employment tribunal

The following Employment practice 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
  • The amount of a costs order relating to representation
  • Costs orders relating to representation: ability of paying party to pay
  • Preparation time orders
  • The amount of a preparation time order
  • Preparation time orders: ability of paying party to pay
  • Costs orders to reimburse a party's tribunal fees
  • Costs orders relating to expenses
  • More...

Costs in the employment tribunal

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

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

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