The Employment Tribunal Procedure Rules 2024
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78 When a wasted costs order may be made
(1) A wasted costs order is an order against a representative in favour of any party where that party has incurred wasted costs. (2) The Tribunal may make a wasted costs order in favour of a party, whether or not that party is represented, and may also make such an order in favour of a representative’s own client. (3) A wasted costs order may not be made against a representative where that representative is representing a party in their capacity as an employee of that party. (4) In this rule, and in rules 79 (effect of a wasted costs order), 80 (procedure) and 82 (ability to pay), “representative” means a party’s legal representative or lay representative or any employee of such representative, but it does not include a person 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. (5) “Wasted costs” means costs incurred— (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.
78 When a wasted costs order may be made
(1) A wasted costs order is an order against a representative in favour of any party where that party has incurred wasted costs. (2) The Tribunal may make a wasted costs order in favour of a party, whether or not that party is represented, and may also make such an order in favour of a representative’s own client. (3) A wasted costs order may not be made against a representative where that representative is representing a party in their capacity as an employee of that party. (4) In this rule, and in rules 79 (effect of a wasted costs order), 80 (procedure) and 82 (ability to pay), “representative” means a party’s legal representative or lay representative or any employee of such representative, but it does not include a person 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. (5) “Wasted costs” means costs incurred— (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.
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