# The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, Paragraph 10: Costs and expenses


(1) A tribunal or chairman may make an order (“a costs order”) that a party (“the paying party”) make a payment in respect of the costs incurred by another party (“the receiving party”).
(2) For the purposes of paragraph (1) “costs” shall mean fees, charges, disbursements, expenses or remuneration incurred by or on behalf of a party in relation to the proceedings. In Scotland all references in this Schedule to costs or costs orders shall be read as references to expenses or orders for expenses.
(3) The amount of a costs order against the paying party can be determined in the following ways —
(a) the tribunal may specify the sum which the party must pay to the receiving party, provided that sum does not exceed £10,000;
(b) the parties may agree on a sum to be paid by the paying party to the receiving party and if they do so the costs order shall be for the sum so agreed;
(c) the tribunal may order the paying party to pay the receiving party the whole or a specified part of the costs of the second party with the amount to be paid being determined by way of detailed assessment in a County Court in accordance with the Civil Procedure Rules or, in Scotland, as taxed according to such part of the table of fees prescribed for proceedings in the sheriff court as shall be directed by the order.
(4) The tribunal or chairman shall have regard to the paying party’s ability to pay when considering whether it or he shall make a costs order or how much that order should be.
(5) For the avoidance of doubt, the amount of a costs order made under either paragraph (4)(b) or (c) may exceed £10,000.

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Source: https://www.legislation.gov.uk/uksi/2004/1861/schedule/4/paragraph/10 (the official version)
Page: https://openlegislation.uk/employment-tribunals-constitution-and-rules-of-procedure-regulations-2004/schedule-4/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.