Award of costs factsheet

Published on: 27/12/2023

Unlike civil courts proceedings, there is no general rule in employment proceedings that the successful party has the right to recover their legal costs.
Tribunals, in fact, have no inherent power to award costs and may only consider making an award in the restricted circumstances set out in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. Tribunals` powers to make costs orders were significantly increased by those Regulations, but costs orders are still the exception rather than the rule.