SCHEDULE 1THE EMPLOYMENT TRIBUNALS RULES OF PROCEDURE
COSTS ORDERS, PREPARATION TIME ORDERS AND WASTED COSTS ORDERS
When a wasted costs order may be made80
1
A Tribunal may make a wasted costs order against a representative in favour of any party (“the receiving party”) where that party has incurred costs—
a
as a result of any improper, unreasonable or negligent act or omission on the part of the representative; or
b
which, in the light of any such act or omission occurring after they were incurred, the Tribunal considers it unreasonable to expect the receiving party to pay.
Costs so incurred are described as “wasted costs”.
2
“Representative” means a party’s legal or other representative or any employee of such representative, but it does not include a representative who is not acting in pursuit of profit with regard to the proceedings. A person acting on a contingency or conditional fee arrangement is considered to be acting in pursuit of profit.
3
A wasted costs order may be made in favour of a party whether or not that party is legally represented and may also be made in favour of a representative’s own client. A wasted costs order may not be made against a representative where that representative is representing a party in his or her capacity as an employee of that party.