Employment Tribunal costs when are they awarded

[Gasbo]

I have had my tribunal heard and lost. In the week prior to the hearing the respondent forwarded a letter saying that there were £56,000 costs between myself and a colleague in the event that we lost our case. There was a preliminary hearing on 23/03/2015 and it was decided that I had grounds to go ahead. My case was heard and the respondents witnesses all contradicted each other, the investigator was identified as being biased and opinionated and failed to provide evidence to the DM to support my case. However it was accepted that the DM had made a fair decision based on the evidence available to her at the time.
At what stage will I find out if they are pursuing costs if at all as it was neither mentioned at the tribunal, in the summing up or the reserved judgement.

[FlamingParrot]

Re: Employment Tribunal costs when are they awarded

I have had my tribunal heard and lost. In the week prior to the hearing the respondent forwarded a letter saying that there were £56,000 costs between myself and a colleague in the event that we lost our case.

That sounds like a glaringly obvious attempt at scaring you both into dropping the claim! :rant: :rant: :rant:

Unlike other types of civil litigation where it's customary to award costs against the losing party, the ET works on the basis that each party pays their own legal costs and no awards are made against the losing party, other than in exceptional circumstances. Just around 1% of ET losers get costs against them.

Regulation 76(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 sets out the circumstances under which costs may be awarded: http://www.legislation.gov.uk/uksi/2...ts-orders/made

When a costs order or a preparation time order may or shall be made

76.—(1) A Tribunal may make a costs order or a preparation time order, and shall consider whether to do so, where it considers that—
(a) 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
(b) any claim or response had no reasonable prospect of success.

There was a preliminary hearing on 23/03/2015 and it was decided that I had grounds to go ahead. My case was heard and the respondents witnesses all contradicted each other, the investigator was identified as being biased and opinionated and failed to provide evidence to the DM to support my case. However it was accepted that the DM had made a fair decision based on the evidence available to her at the time.

In that case there is no argument with regards to reg 76(1)(b) above. :thumb:

At what stage will I find out if they are pursuing costs if at all as it was neither mentioned at the tribunal, in the summing up or the reserved judgement.

They have 28 days from the date the judgment was sent out to apply for a costs order:

Procedure

77. A party may apply for a costs order or a preparation time order at any stage up to 28 days after the date on which the judgment finally determining the proceedings in respect of that party was sent to the parties. No such order may be made unless the paying party has had a reasonable opportunity to make representations (in writing or at a hearing, as the Tribunal may order) in response to the application.

Your ability to pay would be taken into account if an order was made.

Ability to pay

84. In deciding whether to make a costs, preparation time, or wasted costs order, and if so in what amount, the Tribunal may have regard to the paying party’s (or, where a wasted costs order is made, the representative’s) ability to pay.

As I said above, in reality costs orders are hardly ever made against ET claimants, even when respondents often use them to try and get claimants to drop their claim.

Once upon a time I submitted a claim where I was given just a 20% chance of success and my solicitor warned me about potential for costs, the other side hired Baker & McKenzie (a Magic Circle law firm) to represent them. :scared: I didn't drop the case but I did accept a small settlement, however, in your case the ET itself decided at a preliminary hearing that you had grounds, so they would really be contradicting themselves if they made a costs order against you on the basis that your claim had no prospect of success.

[Gasbo]

Re: Employment Tribunal costs when are they awarded

Hi, thanks so much for your comprehensive and reassuring reply, that is what I originally thought. I will just have to await the 28 days to elapse. Thanks again gasbo

[Trev1234]

Re: Employment Tribunal costs when are they awarded

Again - good luck Gasbo though looking at FPs feedback you should be safe! :tongue2:

[Gasbo]

Re: Employment Tribunal costs when are they awarded

Hi Trev, thanks for that, the judge did say as we were all packing up to leave that we had all conducted ourselves professionally, I would hope that means something.

[Trev1234]

Re: Employment Tribunal costs when are they awarded

You know in your own heart you did your best. I think it does get easier because its over, and whilst you would have always wanted to win, it is better it is all over with!

Best of health

T