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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 or in how the proceedings were conducted, acted vexatiously, abusively or otherwise unreasonably, or if the claim (or response) had no reasonable prospect of success, 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.

A tribunal can award a Costs order to cover the legal fees and expenses paid by the winning party if they are legally represented or represented by a lay representative (someone who is not a legal representative but who charges for representing at tribunal). If the winning party was not represented, the tribunal can award a preparation time order instead to cover the costs of the time taken to prepare the case.

 

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