What is the maximum amount of costs that a tribunal may order an employer to pay if it loses the case?
Under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), the maximum costs award that a tribunal can make without detailed assessment of the costs is £20,000. However, there is no limit on the amount of a costs award if the amount is determined by way of detailed assessment of the costs incurred, in accordance with the Civil Procedure Rules 1998. There is also no limit to the amount that can be awarded if the amount is agreed between the parties.
Further, a tribunal can order a party to pay an amount in respect of tribunal fees paid by the other party and expenses incurred by witnesses in attending the tribunal.