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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Can you get costs at a industrial tribunal dismissal

Resolved Question:

Can you get costs at a industrial tribunal for unfair dismissal
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

hello do you mean getting back the legal fees you spent?

Customer: replied 1 year ago.
the cost of the Tribunal and the money paid for the Barrister and the Solicitor.
Expert:  Ben Jones replied 1 year ago.

In a tribunal, costs do not follow the event as in the civil courts. This means that the winning party does not automatically get to pursue the losing party for their costs. Saying that the tribunal has the discretion of making a costs order, to force the losing party to claim some of the claimant’s costs.

A costs order is an order that the losing party make a payment to the winning party:

· In respect of costs incurred while legally represented or while represented by a lay representative.

· In respect of a tribunal fee paid them.

You can make an application for a costs order at any time up to 28 days from the date the final judgment as delivered to the parties. It would then be for the tribunal to determine whether a costs order is appropriate in the circumstances and for what amount.

This is your basic legal position. I have more detailed advice for you in terms of a draft letter you can send to the tribunal to make such an application, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 1 year ago.
Thank you for your answer,to get compensation it has been said I have to show I have been seeking work,but whether it be in nursing or Tescos I would need a reference.To get this I would have to aproach witnesses in an ongoing court case
Expert:  Ben Jones replied 1 year ago.

claiming costs back for legal advice or fees in a tribunal claim is not dependent on you seeking other work

Customer: replied 1 year ago.
What about damages for loss of earnings?
Expert:  Ben Jones replied 1 year ago.

Happy to answer further questions in addition to the original one but please remember to leave a rating for the initial response thanks

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. In these circumstances you have a duty to minimise your losses by seeking alternative employment. You have to show that you have made such attempts. However if you have not been provided with a reference and as a result you are unable to get a job you had applied for, this should not go against you. Also there is nothing wrong with approaching witnesses in an ongoing trial if it is not to do with influencing them in relation to the trial.