9.1 Costs in Employment Tribunal claims

In the employment tribunal costs are not normally awarded against the person who brings the case (the Claimant) but they can be. If in the opinion of the Tribunal, a party has in bringing the proceedings, acted vexatiously, abusively or otherwise unreasonably, or the bringing of the proceedings or conducting of the proceedings was misconceived, then costs may be awarded. In addition a costs order may be made against a party who has not complied with an order or direction. The Tribunal has the power to order costs of up to £10,000 or more. Tribunals are increasingly awarding costs although this only happens in a minority of cases and the tribunal may have regard to the paying party’s ability to pay when deciding how much they should pay.