The vast majority of employment disputes are dealt with by employment tribunals. The employment tribunal has exclusive jurisdiction over a large number of statutory claims. The types of statutory claims that can be advanced before a tribunal include claims relating to:

• • dismissal;

• • redundancy rights and business transfers;

• • maternity, adoption, paternity and parental leave and flexible working;

• • discrimination and equal pay;

• • trade unions and union members;

• • working time and holiday pay;

• • unlawful deduction of wages.

The general rule applied before the civil courts that an award of expenses follows success in a case does not apply in employment tribunal claims. The Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 at rr. 74–84, provide a statutory framework whereby a party to proceedings can apply for a costs order to recover at least part of their outlay in the event that they are successful in pursuing or defending a claim. The rules are in the following terms:

COSTS ORDERS, PREPARATION TIME ORDERS AND WASTED COSTS ORDERS

Definitions

• (1) “Costs” means fees, charges, disbursements or expenses incurred by or on behalf of the receiving party (including expenses that witnesses incur for the purpose of, or in connection with, attendance at a Tribunal hearing). In Scotland all references to costs (except when used in the expression “wasted costs”) shall be read as references to expenses.

• (2) “Legally represented” means having the assistance of a person (including where that person is the receiving party’s employee) who—

  • (a) has a right of audience in relation to any class of proceedings in any part of the Senior Courts of England and Wales, or all proceedings in county courts or magistrates’ courts;

  • (b) is an advocate or solicitor in Scotland; or

  • (c) is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.

• (3) “Represented by a lay representative” means having the assistance of a person who does not satisfy any of the criteria in paragraph (2) and who charges for representation in the proceedings.

Costs orders and preparation time orders

• (1) A costs order is an order that a party (“the paying party”) make a payment to—

  • (a) another party (“the receiving party”) in respect of the costs that the receiving party has incurred while legally represented or while represented by a lay representative;