This article briefly sets out the position on costs in the employment tribunal. 

Unlike disputes resolved in the county court, costs do not follow the event in Employment Tribunal cases.  There are limited circumstances when costs can be recovered in the employment tribunal, this is normally where a party has acted vexatiously, disruptively or otherwise unreasonably in bringing or conducting the proceedings. 

Like matters heard in the county court, the employment tribunal may award costs when a party breaches a rule or order or causes a hearing to be postponed.

The procedure to apply for costs is set out in Employment Tribunal Rule 77, note the time limit that an application for costs can be made up until 28 days after the date on which the final judgment is sent to the parties. 

The paying party must have a reasonable opportunity to make representations in writing or in person to oppose the application for costs. 

Finally, costs in the employment tribunal are subject to a statutory cap of £20,000.00.