Costs in Employment Tribunals

Daniel Barnett


Jordan Publishing
April 2010
Hardback 270 pages, £85
by Daniel Barnett, Kate Palka and Benjamin Hay



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 however now becoming more common in tribunal cases where one party has 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 their clients, even if they are the winning party.

Costs in Employment Tribunals meets the needs of practitioners, analysing what tribunals are doing, and more importantly, why they are doing so. Uniquely, it draws on decisions in over 100 unreported tribunal cases where costs were awarded or refused, offering the reader clarity on how costs decisions are made in the cases that make up the bread and butter of their practice. Each chapter deals with costs arising out of particular circumstances, and the book also covers costs in other courts and enforcement issues.




CONTENTS

Part 1 - Introduction

  • Overview of costs rules
  • preparation time orders

    Part 2 - Costs In Employment Tribunals
  • Deposits
  • Costs warnings
  • Postponements and adjournments
  • Factually hopeless allegations
  • Legally misconceived claims and arguments
  • Unnecessary/dishonest allegations
  • Conduct of proceedings
  • Wasted costs orders against representatives
  • Appealing Employment Tribunals costs decisions

    Part 3 - Costs in other Courts
  • Costs in the Employment Appeal Tribunals
  • Costs in the civil courts

    Part 4 - Enforcement
  • Enforcement of costs in the civil court