# The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, Paragraph 39: When a costs or expenses order must be made


(1) Subject to rule 38(2), a tribunal must make a costs order against a respondent where in proceedings for unfair dismissal a Hearing has been postponed or adjourned and —
(a) the claimant has expressed a wish to be reinstated or re-engaged which has been communicated to the respondent not less than 7 days before the Hearing; and
(b) the postponement or adjournment of that Hearing has been caused by the respondent’s failure, without a special reason, to adduce reasonable evidence as to the availability of the job from which the claimant was dismissed, or of comparable or suitable employment.
(2) A costs order made under paragraph (1) shall relate to any costs incurred as a result of the postponement or adjournment of the Hearing.

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Source: https://www.legislation.gov.uk/uksi/2004/1861/schedule/1/paragraph/39 (the official version)
Page: https://openlegislation.uk/employment-tribunals-constitution-and-rules-of-procedure-regulations-2004/schedule-1/paragraph-39
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.