Costs in Employment Tribunals

Second Edition

By Daniel Barnett, Samantha Cooper, Kate Palka

In the UK, while the civil courts ordinarily award costs to the successful party, it was previously rare for employment tribunals to do the same. Costs orders are now becoming more common in UK tribunal cases, where one party acted unreasonably or where the bringing or conduct of the case was misconceived. Employment lawyers must therefore be aware of how to obtain costs awards for clients, and how to avoid having one made against them, even if they are the winning party. This book analyzes what tribunals are doing and, more importantly, why they are doing so. Uniquely, it draws on decisions in approximately 100 unreported UK tribunal cases where costs were awarded or refused, offering the reader clarity on how costs decisions are made in these cases. This second edition has been completely revised in light of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The key changes include: a) the power of the Tribunal Judge to conduct a detailed assessment of costs in excess of ?20,000, adopting the same principles as the County Court in doing so; b) a power entitling a party to have their tribunal fee paid by another party; c) a specific power relating to the payment of the expenses of witnesses; and d) circumstances in which a tribunal may make a costs order or Preparation Time Order. [Subject: Employment Law]


Publication Date: 10/29/2014
Format: Cloth
ISBN: 9781846618390