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Costs in the Employment Tribunal

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Costs in the Employment Tribunal

Costs may be awarded against you (or your employer) if you fall foul of Rule 76(1) of the ET Rules which says that a costs order may be made where a Tribunal considers that:

  • 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;


  • any claim or response has no reasonable prospect of success.

The ET can make an order of up to £20,000.00 for costs  without going to a further assessment hearing [Rule 78 (1)(a)]. Any order above £20,000.00 will be subject to a detailed assessment by an Employment Judge or in the County Court [

Last Updated: [06/01/2022]