How to use the employment tribunal costs calculator
- 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.
- 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.
- 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.
- Add witness expenses and any deposit. Witness expenses can go with either order; a deposit paid over to you counts towards the order.
- 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 spent | Hourly rate | Source |
|---|---|---|
| 2023/24 (6 April 2023 to 5 April 2024) | £43 | Not 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) | £44 | r.77(2): the base rate |
| 2025/26 (6 April 2025 to 5 April 2026) | £45 | r.77(2): £44 plus £1 each 6 April |
| 2026/27 (6 April 2026 to 5 April 2027) | £46 | r.77(2): £44 plus £1 each 6 April |
| 2027/28 (6 April 2027 to 5 April 2028) | £47 | r.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.
Related tools
- Costs in the civil courts without a lawyer: the litigant in person costs calculator
- Every free tool in one place: costs help for solicitors
Sources
- The Employment Tribunal Procedure Rules 2024 (SI 2024/1155) (rules 1, 2, 5, 40 and 72 to 82)
- The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024 (SI 2024/1156) (in force 6 January 2025)
- The Tribunal Procedure and Employment Tribunal Procedure (Amendment) Rules 2026 (SI 2026/115) (rule 5(3), from 2 March 2026)
- The Employment Tribunals Rules of Procedure 2013 (SI 2013/1237, Schedule 1) (old rule 79, as at 5 January 2025)
- The Employment Appeal Tribunal Rules 1993 (SI 1993/2854) (rules 34, 34B and 37) and rule 34D
- Banking and Financial Dealings Act 1971, section 1 (bank holidays)