Costs Warning Letter Template

Get your employer to pay your Tribunal costs with a professional Costs Warning Letter. Increase your chances of success by sending this letter in advance.

What's included:

  • A letter template to write to the Respondent to warn them that you may apply to the Employment Tribunal for costs.
  • A guided walkthrough with a Valla coach to ensure your document is professional and taken seriously.
  • Option to include a Peace of Mind check to ensure your document is correct and accurate before you send it off.
  • Downloadable letter in .doc and .pdf formats.
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How to get your employer to pay for your Tribunal costs with a Costs Warning letter

You can apply for your employer to pay for your Tribunal costs. Before you do so, send a Tribunal Costs Warning letter to your employer, as the Tribunal is more likely to look more favourably on your Costs Order application if you’ve sent a Costs Warning letter in advance.

Examples of when to properly use a Tribunal Costs Warning letter

A Costs Warning letter may be useful in cases where your employer has acted unreasonably. Here are some examples of when a Costs Warning letter may be appropriate to use:

Example

Dominique has made an Employment Tribunal claim for direct pregnancy and maternity discrimination. She has just received the Respondent’s ET3 Response.

So far, Dominique has spent £2,000 on legal fees in her case.

Dominique’s lawyer thinks that the Respondent’s case has no reasonable prospect of success, because Dominique has clear documentary evidence that the reason they dismissed her was because she was pregnant. Dominique sends a Costs Warning letter to the Respondent saying that if they continue to pursue this Response, she will apply to the Tribunal for costs.

Example
Example

How to use a Tribunal Costs Warning letter

  1. create the letter
  2. send the letter to the Respondent
  3. wait to see if the Respondent comes back to you or complies with what you have asked them to do
  4. diarise the deadline in the letter, if you have set one
  5. make your costs application to the Tribunal if the Respondent doesn’t comply.
Example

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