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  • Costs in Employment Tribunals

Costs in Employment Tribunals

Jordan Publishing Employment Law Series


Meets the needs of practitioners, analysing what tribunals are doing and why, and draws on decisions made in over 100 unreported tribunal cases where costs were awarded or refused.

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While the civil courts ordinarily award costs to the successful party, it was previously rare for employment tribunals to do the same. Costs orders are now becoming more common in tribunal cases where one party acted unreasonably or where the bringing or conduct of the case was misconceived. Employment lawyers must therefore be aware of how to obtain costs awards for clients, and how to avoid having one made against them, even if they are the winning party.

Costs in Employment Tribunals meets the needs of practitioners, analysing what tribunals are doing and, more importantly, why they are doing so. Uniquely, it draws on decisions in approximately 100 unreported tribunal cases where costs were awarded or refused, offering the reader clarity on how costs decisions are made in these cases.

The new edition has been completely revised in light of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The key changes covered include:

  • The power of the Tribunal Judge to conduct a detailed assessment of costs in excess of £20,000 adopting the same principles as the County Court in doing so
  • A power entitling a party to have their tribunal fee paid by another party
  • A specific power relating to the payment of the expenses of witnesses
  • Circumstances in which a tribunal may make a costs order or Preparation Time Order
There is commentary on a number of new cases including key court appeal decisions Sud v London Borough of Ealing 2013 and Yerrakalva v Barnsley Metropolitan Council 2012, the EAT ‘threshold test’ in AQ Ltd v Holden 2012 and an update on costs in Scottish cases.

  • Introduction
  • Overview of Costs Rules
  • Costs v Preparation Time Orders
  • Deposits 
  • Costs Warnings and Settlement Offers
  • Delay, Postponements and Adjournments
  • Claims and Arguments with ‘No Real Prospect of Success’
  • Dishonest Allegations and Vexatiousness
  • Conduct of Proceedings
  • Wasted Costs Orders
  • Enforcement, Review and Appeals of Employment Tribunal Costs Orders
  • Costs in Other Courts
  • Appendix: Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237

"comprehensive and easy guidance ... highly recommended"
German-British Chamber of Industry & Commerce

"will offer you enhanced insight over costs issues and the pointers we need to consider ... unique, of its kind ... revealing and definitely instructive ... a wealth of information and comment ... required reading to help you advocate your best case for costs."
Phillip Taylor MBE 

click here for the full review
Read an extract from Chapter Two



The Rules are set out from rr 75–84, with r 76 setting out when a costs order or
a preparation time order may or shall be made.

2.1.1 Who can make costs orders?
  • Costs orders can be made by a tribunal panel or by an Employment Judge sitting alone.
2.1.2 What costs can be ordered?
  • ‘Costs’ means fees, charges, disbursements or expenses incurred by or on behalf of the receiving party (including expenses that witnesses incur for the purpose of, or in connection with, attendance at a Tribunal hearing). In Scotland all references to costs (except when used in the expression ‘wasted costs’) shall be read as references to expenses (r 74(1)).
  • Costs orders can be made against the paying party in respect of costs incurred by another party to the proceedings, or to the Secretary of State where payments or allowances have been made to (r 83)
    (a) assessors appointed to assist in tribunal matters;
    (b) anyone who has prepared a report under the Equality Act 2010 relating to whether any work is of equal value;
    (c) any other person in connection with their attendance at Employment
    Tribunals. This would include expenses paid to witnesses.
Read the full extract   

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