PART IE+W+S Industrial Tribunals

ProcedureE+W+S

13 Costs and expenses.E+W+S

(1)Industrial tribunal procedure regulations may include provision—

(a)for the award of costs or expenses, including any allowances payable under section 5(2)(c) or (3), and

(b)for taxing or otherwise settling any such costs or expenses (and, in particular in England and Wales, for enabling such costs to be taxed in a county court).

(2)In relation to proceedings under section 111 of the M1Employment Rights Act 1996—

(a)where the employee has expressed a wish to be reinstated or re-engaged which has been communicated to the employer at least seven days before the hearing of the complaint, or

(b)where the proceedings arise out of the employer’s failure to permit the employee to return to work after an absence due to pregnancy or childbirth,

industrial tribunal procedure regulations shall include provision for requiring the employer to pay the costs or expenses of any postponement or adjournment of the hearing caused by his failure, without a special reason, to adduce reasonable evidence as to the availability of the job from which the complainant was dismissed, or which she held before her absence, or of comparable or suitable employment.

Marginal Citations