Costs in the Employment Tribunal

Employment Tribunal Fees
An employee is not expected to pay a fee to lodge an Employment Tribunal Claim Form (ET1).

Cost Orders
These are typically aimed at the costs incurred regarding witness expenses and legal fees incurred in bringing or defending a claim.

Costs orders in the Tribunal are quite rare; for example asking one side to pay costs if they. The general principle in the Employment Tribunal is that the parties bear their own costs.

Most costs orders are a matter of the discretion of the Tribunal. The Tribunal must consider exercising it discretionary power where it considers that:

  • a party (or that party's representative) has acted vexatiously, abusively, disruptively or otherwise unreasonably in either the bringing of the proceedings (or part) or the way that the proceedings (or part) have been conducted; or 
  • any claim or response had no reasonable prospect of success.

Disclaimer: This article does not contain a full statement of the law and it does not constitute legal advice. Please contact the Employment Law Team on 020 3743 0600 if you have any questions about the information set out above.

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