As a rule, costs do not “follow the event” in employment tribunal cases, unlike in civil courts. This means that if you are successful in bringing or defending a claim, the tribunal will not generally make an order that your opponent pays your costs. However, costs orders can be made in certain circumstances.
There is a common misconception that just because a party is successful at the Employment Tribunal, the losing party will always cover any legal costs. This is not true and in the Employment Tribunal, costs are very much the exception, rather than the rule. Read on for more information about when a costs order may be made.
The Employment Appeal Tribunal has held that an Employment Tribunal’s power to award costs for unreasonable conduct is not limited to costs that are necessarily caused by that conduct.