[ Costs etc, interest and enforcement]E+W+S
13 Costs and expenses.E+W+S
[(1)Procedure Rules may make provision for regulating matters relating to—
(a)costs or expenses;
(b)allowances payable under section 5(2)(c) or (3).]
[(1A)[Procedure Rules may, in particular,] include provision authorising an employment tribunal to have regard to a person’s ability to pay when considering the making of an award against him ....
(1B)[Procedure Rules may, in particular,] include provision for authorising an employment tribunal—
(a)to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative’s conduct of the proceedings;
(b)to order a representative of a party to proceedings before it to meet all or part of the costs or expenses incurred by a party by reason of the representative’s conduct of the proceedings;
(c)to order a representative of a party to proceedings before it to meet all or part of any allowances payable by the Secretary of State under section 5(2)(c) or (3) by reason of the representative’s conduct of the proceedings.
(1C)[Procedure Rules may, in particular,] include provision for taxing or otherwise settling the costs or expenses referred to in subsection (1)(a) or (1B)(b) (and, in particular in England and Wales, for enabling the amount of such costs to be assessed by way of detailed assessment in [the county court]).]
(2)In relation to proceedings under section 111 of the Employment 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, ...
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Procedure Rules must] 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 of comparable or suitable employment.
[(3)[If Procedure Rules make provision of the kind mentioned in subsection (1)(a), Procedure Rules must also] include provision for requiring an employment tribunal, in any proceedings in which a late postponement application has been granted, to consider whether to make an award against the party who made the application in respect of any costs or expenses connected with the postponement, except in circumstances specified in the [Rules].
(4)For the purposes of subsection (3)—
(a)a late postponement application is an application for the postponement of a hearing in the proceedings which is made after a time determined in accordance with [Procedure Rules] (whether before or after the hearing has begun), and
(b)“postponement” includes adjournment.]
Textual Amendments
Marginal Citations
[13A Payments in respect of preparation timeE+W+S
(1)[Procedure Rules] may include provision for authorising an employment tribunal to order a party to proceedings before it to make a payment to any other party in respect of time spent in preparing that other party’s case.
(2)[Procedure Rules may, in particular,] include provision authorising an employment tribunal to have regard to a person’s ability to pay when considering the making of an order against him [as described in subsection (1)].
[(2A)[If Procedure Rules include provision of the kind mentioned in subsection (1), Procedure Rules must also] include provision for requiring an employment tribunal, in any proceedings in which a late postponement application has been granted, to consider whether to make an order of the kind mentioned in subsection (1) against the party who made the application in respect of any time spent in connection with the postponement, except in circumstances specified in the [Rules].
(2B)For the purposes of subsection (2A)—
(a)a late postponement application is an application for the postponement of a hearing in the proceedings which is made after a time determined in accordance with [Procedure Rules] (whether before or after the hearing has begun), and
(b)“postponement” includes adjournment.]
(3)If [Procedure Rules] include—
(a)provision of the kind mentioned in subsection (1), and
(b)provision [for the award of costs or expenses],
they shall also [ , subject to subsection (4), ] include provision to prevent an employment tribunal exercising its powers under both kinds of provision in favour of the same person in the same proceedings.]
[(4)Subsection (3) does not require [Procedure Rules] to include provision to prevent an employment tribunal from making—
(a)an order of the kind mentioned in subsection (1), and
(b)an award [of costs or expenses] that is limited to witnesses' expenses.]
14 Interest.E+W+S
(1)The Secretary of State may by order made with the approval of the Treasury provide that sums payable in pursuance of decisions of [employment tribunals] shall carry interest at such rate and between such times as may be prescribed by the order.
(2)Any interest due by virtue of such an order shall be recoverable as a sum payable in pursuance of the decision.
(3)The power conferred by subsection (1) includes power—
(a)to specify cases or circumstances in which interest is not payable,
(b)to provide that interest is payable only on sums exceeding a specified amount or falling between specified amounts,
(c)to make provision for the manner in which and the periods by reference to which interest is to be calculated and paid,
(d)to provide that any enactment—
(i)does or does not apply in relation to interest payable by virtue of subsection (1), or
(ii)applies to it with such modifications as may be specified in the order,
(e)to make provision for cases where sums are payable in pursuance of decisions or awards made on appeal from [employment tribunals],
(f)to make such incidental or supplemental provision as the Secretary of State considers necessary.
(4)In particular, an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the Judgments Act 1838 as that enactment has effect from time to time.
Textual Amendments
Marginal Citations
15 Enforcement.E+W+S
(1)Any sum payable in pursuance of a decision of an [employment tribunal] in England and Wales which has been registered in accordance with [Procedure Rules] [shall be recoverable [under section 85 of the County Courts Act 1984] or otherwise as if it were payable under an order of [the county court]. ]
(2)Any order for the payment of any sum made by an [employment tribunal] in Scotland (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(3)In this section a reference to a decision or order of an [employment tribunal]—
(a)does not include a decision or order which, on being [reconsidered or] reviewed, has been revoked by the tribunal, and
(b)in relation to a decision or order which on being [reconsidered or] reviewed, has been varied by the tribunal, shall be construed as a reference to the decision or order as so varied.