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.
Note - you should normally send a costs warning letter before sending your actual costs application.
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.
To make a successful application for a Costs Order, you’ll need to:
A law firm can cost anywhere from an initial consultation fee of £200 to £35,000+ plus VAT for Tribunal representation.
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