PART IEmployment Tribunals

Costs etc, interest and enforcement

F113A Payments in respect of preparation time

(1)

F2Procedure Rules may include provision for authorising an employment tribunal to order a party to proceedings before it to make a payment to any other party in respect of time spent in preparing that other party’s case.

(2)

F3Procedure Rules may, in particular, include provision authorising an employment tribunal to have regard to a person’s ability to pay when considering the making of an order against him F4as described in subsection (1).

F5(2A)

F6If Procedure Rules include provision of the kind mentioned in subsection (1), Procedure Rules must also include provision for requiring an employment tribunal, in any proceedings in which a late postponement application has been granted, to consider whether to make an order of the kind mentioned in subsection (1) against the party who made the application in respect of any time spent in connection with the postponement, except in circumstances specified in the F7Rules.

(2B)

For the purposes of subsection (2A)—

(a)

a late postponement application is an application for the postponement of a hearing in the proceedings which is made after a time determined in accordance with F8Procedure Rules (whether before or after the hearing has begun), and

(b)

“postponement” includes adjournment.

(3)

If F9Procedure Rules include—

(a)

provision of the kind mentioned in subsection (1), and

(b)

provision F10for the award of costs or expenses,

they shall also F11 , subject to subsection (4), include provision to prevent an employment tribunal exercising its powers under both kinds of provision in favour of the same person in the same proceedings.

F12(4)

Subsection (3) does not require F13Procedure Rules to include provision to prevent an employment tribunal from making—

(a)

an order of the kind mentioned in subsection (1), and

(b)

an award F14of costs or expenses that is limited to witnesses' expenses.