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Employment Tribunal Costs and Preparation Time Calculator

Led by Diellza Nika Hyseni and Mentor Nika · Updated 21 October 2026

Work out a preparation time order at the rate for the year the time was spent (£46 an hour for 2026/27), a costs order within the £20,000 limit, wasted costs and the 28-day deadline, under the Employment Tribunal Procedure Rules 2024, each line with its rule. From DMD Costs, law costs draftsmen in Westhoughton, Bolton.

  • Free, with no sign-up
  • The 2024 Rules
  • Every line sourced
  • Nothing leaves your browser

For a party seeking costs or preparation time in the employment tribunal, or litigant in person costs in the Employment Appeal Tribunal. Enter your hours and sums; the calculator applies the rates and limits the rules fix. The Tribunal decides what is allowed. Nothing leaves your browser.

Which tribunal and order
Choose one

The calculator applies the Employment Tribunal Procedure Rules 2024, rules 5 and 72 to 82, and the Employment Appeal Tribunal Rules 1993, rules 34 to 34D and 37, as they stood on 21 October 2026. The Tribunal decides whether to make an order and what time and costs were reasonable: check every figure against your records and the judgment. It is a guide, not legal advice, and it never estimates what a tribunal would allow.

Key points

  • DMD Costs’ employment tribunal costs calculator is a free online tool that works out preparation time orders, costs orders, wasted costs and the 28-day application deadline under the Employment Tribunal Procedure Rules 2024, line by line with the rule for each item.
  • It is completely free, with no sign-up, and runs in your browser; nothing you enter is sent to DMD Costs.
  • Preparation time is £44 an hour for 2024/25, rising £1 each 6 April: £45 for 2025/26 and £46 for 2026/27. The rate is the one for the year beginning 6 April in which the time was spent, not the year of the order (r.77(2), (3)).
  • Time spent at the final hearing is not preparation time (r.72), and a party cannot have both a costs order and a preparation time order in the same proceedings (r.73(3)).
  • A costs order for a specified sum cannot exceed £20,000 (r.76(1)(a)); detailed assessment or an agreed sum can (r.76(1)(b), (d), (3)). A lay representative’s hourly rate is capped at the preparation time rate (r.76(2)).
  • Apply within 28 days after the date the final judgment was sent, not counting that day; a deadline on a weekend or bank holiday moves to the next working day (r.75(1); r.5(2), (3), (8)). In the EAT it is 14 days, by 4pm (EAT Rules r.34(4), r.37(1A)).

How to use the employment tribunal costs calculator

  1. Choose the tribunal and order. The employment tribunal (preparation time, a costs order, or both kinds of period to compare), wasted costs, or the Employment Appeal Tribunal.
  2. Enter the time by year. The hours spent in each year beginning 6 April, the hours at the final hearing to leave out, and the Tribunal’s assessed hours if it has assessed them.
  3. Enter the costs. For a costs order, how it is to be quantified, the legal representative’s costs and any lay representative’s hours and rate.
  4. Add witness expenses and any deposit. Witness expenses can go with either order; a deposit paid over to you counts towards the order.
  5. Check the deadline. Enter the date the final judgment was sent and where the case is proceeding to see the last day to apply.

The preparation time rate, year by year

A preparation time order is the number of hours the Tribunal assesses multiplied by the hourly rate for the year beginning 6 April in which the time was spent (r.77(1), (3)). The rate is £44 and increases by £1 on 6 April each year (r.77(2)). The 2024 Rules came into force on 6 January 2025 and apply to all proceedings, including those started earlier (r.1(2)); no transitional provision has been found.

Time spentHourly rateSource
2023/24 (6 April 2023 to 5 April 2024)£43Not stated in the 2024 Rules; the 2013 Rules’ figure (old r.79(2)), with £44 as the alternative
2024/25 (6 April 2024 to 5 April 2025)£44r.77(2): the base rate
2025/26 (6 April 2025 to 5 April 2026)£45r.77(2): £44 plus £1 each 6 April
2026/27 (6 April 2026 to 5 April 2027)£46r.77(2): £44 plus £1 each 6 April
2027/28 (6 April 2027 to 5 April 2028)£47r.77(2): from 6 April 2027

The same figures apply to a litigant in person’s time in the Employment Appeal Tribunal: £25 an hour, increased by £1 for the year from 6 April 2006 and each year after (EAT Rules r.34D(4)(b), (5)). Rule 34D does not say whether that is the rate for the year of the work or of the assessment; the calculator uses the year of the work and shows the other reading.

Costs orders and preparation time orders

A costs order covers costs incurred while the receiving party was represented by a legal or lay representative (r.73(1)(a)). A preparation time order covers the party’s preparation time while not represented by a legal representative (r.73(2)). Preparation time is time spent by the party, its employees or its advisers working on the case, except time at any final hearing (r.72). The two orders may not both be made in favour of the same party in the same proceedings (r.73(3)), so a party represented for only part of the case must choose. An order for a witness’s expenses of attending a hearing can go with either (r.73(1)(b), r.76(1)(c)).

The Tribunal must consider making an order where a party or its representative acted vexatiously, abusively, disruptively or otherwise unreasonably, where a claim, response or reply had no reasonable prospect of success, or where a hearing was postponed or adjourned on an application made less than 7 days before it (r.74(2)). It may also make one, on the application of a party, for a breach of an order, rule or practice direction, or where a hearing was postponed or adjourned (r.74(3)). In an unfair dismissal claim, it must order the respondent to pay the costs of a postponed or adjourned final hearing where the claimant asked for reinstatement or re-engagement at least 7 days before it and the postponement was caused by the respondent’s failure, without a special reason, to bring reasonable evidence about the availability of the job or of comparable or suitable employment (r.74(4)). Where an allegation is decided against a party for substantially the reasons in a deposit order, the deposit is paid to the other party and counts towards any order in their favour (r.40(7), (8)).

The £20,000 limit and lay representatives

A costs order for a specified amount cannot exceed £20,000 (r.76(1)(a)). The Tribunal can instead order the whole or a specified part of the costs, with the amount decided by detailed assessment in the county court under the Civil Procedure Rules or by the Tribunal applying the same principles (in Scotland, by taxation), or the parties can agree an amount; either can exceed £20,000 (r.76(1)(b), (d), (3)). Where a costs order includes a lay representative’s fees, the hourly rate used cannot exceed the preparation time rate (r.76(2)). There is no upper limit on a preparation time order. In deciding whether to make any order, and how much, the Tribunal may have regard to the paying party’s ability to pay (r.82).

Wasted costs

A wasted costs order is made against a representative in favour of any party who has incurred wasted costs, whether that party is represented or not, and can be made in favour of the representative’s own client (r.78(1), (2)). Wasted costs are costs incurred as a result of an improper, unreasonable or negligent act or omission of the representative, or which it would be unreasonable to expect the receiving party to pay in the light of such an act (r.78(5)). Only a representative acting in pursuit of profit is caught, and a conditional or contingency fee counts (r.78(4)); a party’s own employee representing it is not (r.78(3)). The amount must be specified (r.79), the representative must have a reasonable opportunity to make representations (r.80(3)), and the client must be told in writing (r.80(4)).

The 28-day deadline

A party may apply for a costs order or a preparation time order at any stage up to 28 days after the date on which the judgment finally determining the proceedings in respect of that party was sent to the parties (r.75(1)); the same applies to wasted costs (r.80(2)). The date of sending is the date endorsed on the judgment (r.5(6)) and is not counted (r.5(3)). If the period ends on a day that is not a working day, the application is in time if made before midnight on the next working day (r.5(1), (2)). A working day is any day except a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 (r.5(8)). The calculator holds the England and Wales bank holidays; Scotland’s differ, so for a case proceeding in Scotland it gives the count and asks you to check. The Tribunal can extend time (r.5(7)).

In the Employment Appeal Tribunal, a written application for costs is due within 14 days of the date the order finally disposing of the proceedings was sent (EAT Rules r.34(4)), by 4pm (r.37(1A)); if the office is closed on the last day, the next day it is open will do (r.37(2)). The EAT Practice Direction 2026 counts from the seal date of the order, so the calculator uses whichever date is earlier.

Sources

Frequently asked questions

£46 an hour for time spent between 6 April 2026 and 5 April 2027. Rule 77(2) of the Employment Tribunal Procedure Rules 2024 sets £44 an hour, increasing by £1 on 6 April each year, so the rate was £44 for 2024/25 and £45 for 2025/26, and will be £47 from 6 April 2027.
The rate for the year beginning 6 April in which the time was spent (r.77(3)). Time spent in March 2025 is at £44 and time spent in May 2025 at £45, whenever the order is made. The 2024 Rules, in force from 6 January 2025, made this express; the 2013 Rules did not say which year’s rate applied.
The 2024 Rules do not say: r.77(2) starts at £44, the rate for 2024/25, but r.77(3) applies the rate for the year the time was spent. The calculator uses the rate the 2013 Rules set for that year (£43 for 2023/24, under old r.79(2)) and shows the alternative at £44. No tribunal decision on the point has been found.
No. Preparation time is time spent by the receiving party, its employees or its advisers working on the case, except time spent at any final hearing (r.72). Time at preliminary hearings is not excluded.
No. A costs order under r.73(1)(a) and a preparation time order may not both be made in favour of the same party in the same proceedings (r.73(3)). A party represented for part of the case must choose one; the Tribunal may decide entitlement and leave the kind of order until later (r.73(4)). An order for witness expenses (r.73(1)(b)) can go with either.
A costs order for a specified amount cannot exceed £20,000 (r.76(1)(a)). The Tribunal can instead order the whole or part of the costs to be decided by detailed assessment, in the county court under the Civil Procedure Rules or by the Tribunal applying the same principles (in Scotland, by taxation), or the parties can agree a sum, and those can exceed £20,000 (r.76(1)(b), (d), (3)). There is no upper limit on a preparation time order.
Up to 28 days after the date on which the judgment finally determining the proceedings for that party was sent to the parties (r.75(1)); the same for wasted costs (r.80(2)). The date of sending is not counted (r.5(3)), and if the last day is not a working day the application is in time on the next working day (r.5(2), (8)). The Tribunal can extend time (r.5(7)).
Yes, under a costs order: a costs order covers costs incurred while represented by a legal or lay representative (r.73(1)(a)). But the hourly rate for a lay representative’s fees cannot exceed the preparation time rate under r.77(2) (r.76(2)). The rule does not say for which year, so the calculator uses the year of the order and shows the year of the work as the alternative.
An order against a representative, in favour of any party, for costs incurred because of the representative’s improper, unreasonable or negligent act or omission (r.78(1), (2), (5)). It can only be made against a representative acting in pursuit of profit, including on a conditional or contingency fee (r.78(4)), and not against a party’s own employee representing it (r.78(3)). The amount must be specified (r.79).
It may. In deciding whether to make a costs, preparation time or wasted costs order, and how much, the Tribunal may have regard to the paying party’s, or the representative’s, ability to pay (r.82). The calculator cannot allow for that.
The EAT has no preparation time order. A litigant in person is allowed costs for time at £25 an hour, increased by £1 for the year from 6 April 2006 and each year after, which is £46 for 2026/27, or the financial loss they can prove, within two-thirds of what a legal representative would have been allowed, except disbursements (EAT Rules r.34D(2), (4), (5)). An application in writing is due within 14 days of the date the final order was sent (r.34(4)), by 4pm (r.37(1A)).
Yes. It is completely free, with no sign-up, no paywall and no limit. It runs in your browser, and nothing you type is sent to DMD Costs.

Costs are all we do

DMD Costs works for claimant solicitor firms in civil claims: we draft the bill, answer the Points of Dispute and negotiate the costs to settlement. We do not act in employment tribunals; this calculator is free for anyone who needs it.