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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.
For help and advice please contact Phil Alden on 03333 231 586 or email us.
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