Costs awards in Employment Tribunals do not ‘follow the event’: a losing party will not automatically find themselves having to pay the other party’s costs of the litigation. However, the Tribunal has discretion to order costs where a party, or their representative, has acted “vexatiously, abusively, disruptively, or otherwise unreasonably” in the bringing or conducting of the proceedings, or the claim had “no reasonable prospect of success” (Rule 77 of the Employment Tribunals Rules of Procedure 2013).

We take a look at some recent cases on this issue – some will reassure employers, but some may make them wonder if pursuing costs against an unreasonable Claimant is worth it…Continue Reading Costs in Tribunals – what employers should know