Short answer
Prepare the tribunal pleadings, orders, correspondence, costs warning, conduct evidence, costs schedule, means information and the next hearing or response date before requesting a quote.
Quick checklist
Start with these
Best order
How to organise the first pack
- Put the costs application, warning or threatened application first.
- Add tribunal orders, judgments and hearing notices in date order.
- Group the conduct evidence relied on or disputed.
- Separate costs figures, invoices, preparation time and means evidence.
- State the next tribunal deadline prominently.
Identify The Costs Issue
Employment tribunal costs issues may arise during a claim, after a strike-out or deposit order, after a hearing, or when one side says the other has acted unreasonably. The first pack should identify who is applying, what order is sought and the conduct relied on.
Avoid describing the other side's conduct only in general terms. Link each allegation to tribunal orders, correspondence, pleadings, hearing notes or evidence.
Documents To Gather
A barrister needs the procedural history as well as the costs figure. Put the tribunal material in date order and separate open, without-prejudice and privileged material where relevant.
- ET1, ET3, tribunal orders, judgments, reasons and hearing notices.
- Correspondence about compliance, postponements, disclosure, witness evidence or settlement.
- Any costs warning, deposit order, strike-out application or unreasonable-conduct allegation.
- Costs schedule, preparation-time calculation, invoices, witness-expense material or estimates.
- Evidence of ability to pay if that is likely to be raised by either side.
- The deadline for making or responding to the costs application.
What A Barrister May Consider
A barrister may be asked to advise on whether an application is proportionate, draft submissions, respond to a costs application, prepare a schedule or represent at a suitable hearing.
Some matters need solicitor support where the costs issue is part of wider case management, enforcement, appeal or settlement strategy.
Deadline And Review Note
This guide is general preparation information only. Tribunal orders, rules and directions control the timetable in each case, and submitting a quote request does not pause a tribunal deadline.
Avoid delays
What not to send first
- Sending only a costs figure without the tribunal history.
- Mixing open and without-prejudice correspondence without labels.
- Leaving out the order or deadline for responding.
- Assuming a quote request pauses tribunal directions.
Source note: source-checked against GOV.UK employment tribunal guidance on 21 September 2026. Costs, preparation-time, witness-expense and unreasonable-conduct arguments need specialist employment review before publication.
Claim and official-source ledger
- GOV.UK says a tribunal may order a party to pay the other side's costs if the tribunal decides the party has acted unreasonably.
- Make a claim to an employment tribunal — GOV.UK; checked .
- GOV.UK respondent guidance describes costs, preparation time and witness expenses as possible tribunal orders in limited circumstances.
- How to respond to an employment tribunal claim — GOV.UK; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Employment Tribunal Costs Order Barrister Evidence Guide FAQs
Are costs automatic if I win an employment tribunal case?
No. GOV.UK guidance explains that employment tribunal costs are not the usual outcome and may depend on conduct, prospects or other tribunal considerations.
Should I send a costs warning letter?
Send any warning letters or settlement correspondence that already exist. This guide cannot advise whether to send one in a live case.
Can employers and employees use this guide?
Yes. Claimants, respondents and representatives can use it to organise the tribunal history, costs evidence and response deadlines before seeking advice.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
