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Employment Tribunals Service: Compensation

Volume 463: debated on Tuesday 17 July 2007

To ask the Secretary of State for Justice what advice has been given to the chairmen of employment tribunals on (a) the awarding of costs and (b) the calculation of costs to be awarded to the successful party; and if he will make a statement. (149963)

The Employment Tribunals (Constitution and Rules of Procedures) Regulations 2004 provide a power for employment tribunal chairmen to order the payment in respect of the costs incurred by another party in bringing or defending an employment tribunal claim. They currently limit any award to a maximum of 10,000.

No guidance has been given by the Lord Chancellor and Secretary of State for Justice to employment tribunal chairmen on when to award costs or on how any cost awards should be calculated.

Employment tribunal chairmen are independent members of the judiciary and it would not be appropriate for Ministers to give guidance on when they should use these powers or on the level of award made.