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Legal costs are not automatically awarded by the tribunal to either party following a case. However, the employment tribunal does have the discretion to make a costs order pursuant to rules 74 to 84 of the Tribunal Rules 2013.
Costs may be awarded against a party on the following grounds:
The above is a non-exhaustive list of the circumstances in which a costs order (of variations thereof) may be made. For further information please see advice as necessary.
A party may apply for a costs order up to 28 days after the date on which the judgment finally determining the proceedings was sent to the parties (rule 77).
Usually preparatory steps to secure a party’s position in respect of costs begins early on in proceedings using carefully worded costs warning letters as well as applications to the tribunal for strike out and/or a deposit order. Several members of our team have received full costs awards on behalf of their clients and have also successfully defended costs applications.
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