Application for Costs Order Letter Template
- A letter template to apply to the Employment Tribunal for costs.
- Option to include a Peace of Mind check from a Valla coach to ensure your document is professional and taken seriously.
- Downloadable letter in .doc and .pdf formats.
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How to get your employer to pay for your Tribunal costs
Employment Tribunal Costs Orders aren’t awarded by default by the Employment Tribunal, so you’ll need to apply separately for this if you’re interested with an Application for Costs Order. They’re typically the exception rather than the rule, but the Employment Tribunal Rules list out the categories of costs you can apply for, including legal costs, preparation time or wasted costs.
When can an Employment Tribunal order the Respondent to pay legal costs?
You can apply for an Employment Tribunal Costs Order in certain circumstances. Here are some examples:
In Charlie’s case there is clear documentary evidence showing that her pregnancy was the reason she was dismissed. Charlie therefore sends a costs warning letter to the Respondent asking them to drop their defence on this point. However, the Respondent does not do so.
Charlie is ultimately successful in her claim that she was unfairly dismissed. The Tribunal found that she was dismissed on the grounds of her pregnancy, which is an automatically unfair reason.
Charlie makes an application for costs on the basis that the Respondent’s case had no reasonable prospect of success.
How can you apply for an Employment Tribunal Costs Order?
To make a successful application for a Costs Order, you’ll need to:
- send a costs warning letter to the Respondent
- make your costs application to the Tribunal if the Respondent doesn’t drop their response as you have requested (you should normally make your costs application after the Final Hearing)
- create the template in Valla
- send the application letter or email to the Tribunal
- copy in the Respondent
- wait for the Tribunal to confirm whether or not the costs application will be considered at a hearing or if they are able to decide it in writing
- chase the Tribunal by phone if you don’t hear from them.