Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Table of Statutes
- Table of Orders, Rules and Regulations
- Table of Cases
- 1 Law Society of Scotland Rules and Guidance on Fees
- 2 Pre-Action Protocols
- 3 Qualified One-Way Cost Shifting
- 4 Success Fee Agreements
- 5 Certification of Skilled Persons
- 6 Conduct and Expenses
- 7 Sanction for Counsel in the Sheriff Court
- 8 Party Litigants
- 9 Amendment of Pleadings
- 10 Caution, Consignation and Other Security
- 11 Expenses of Commissions
- 12 Pursuers’ Offers
- 13 Tenders
- 14 Abandonment
- 15 Interest on Expenses
- 16 Employment Cases
- 17 Group Proceedings
- 18 Family Proceedings
- 19 Interim Awards of Expenses
- 20 Additional Fees and Charges
- 21 Taxation of Expenses
- 22 Taxation Procedure
- 23 Practical Example of Judicial Account
- 24 Vexatious Litigant Orders
- 25 Simple Procedure
- 26 Miscellaneous Expenses Issues
- Appendices
- Index
16 - Employment Cases
Published online by Cambridge University Press: 07 June 2023
- Frontmatter
- Contents
- Foreword
- Preface
- Table of Statutes
- Table of Orders, Rules and Regulations
- Table of Cases
- 1 Law Society of Scotland Rules and Guidance on Fees
- 2 Pre-Action Protocols
- 3 Qualified One-Way Cost Shifting
- 4 Success Fee Agreements
- 5 Certification of Skilled Persons
- 6 Conduct and Expenses
- 7 Sanction for Counsel in the Sheriff Court
- 8 Party Litigants
- 9 Amendment of Pleadings
- 10 Caution, Consignation and Other Security
- 11 Expenses of Commissions
- 12 Pursuers’ Offers
- 13 Tenders
- 14 Abandonment
- 15 Interest on Expenses
- 16 Employment Cases
- 17 Group Proceedings
- 18 Family Proceedings
- 19 Interim Awards of Expenses
- 20 Additional Fees and Charges
- 21 Taxation of Expenses
- 22 Taxation Procedure
- 23 Practical Example of Judicial Account
- 24 Vexatious Litigant Orders
- 25 Simple Procedure
- 26 Miscellaneous Expenses Issues
- Appendices
- Index
Summary
The vast majority of employment disputes are dealt with by employment tribunals. The employment tribunal has exclusive jurisdiction over a large number of statutory claims. The types of statutory claims that can be advanced before a tribunal include claims relating to:
• dismissal;
• redundancy rights and business transfers;
• maternity, adoption, paternity and parental leave and flexible working;
• discrimination and equal pay;
• trade unions and union members;
• working time and holiday pay;
• unlawful deduction of wages.
The general rule applied before the civil courts that an award of expenses follows success in a case does not apply in employment tribunal claims. The Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 at rr. 74–84, provide a statutory framework whereby a party to proceedings can apply for a costs order to recover at least part of their outlay in the event that they are successful in pursuing or defending a claim. The rules are in the following terms:
COSTS ORDERS, PREPARATION TIME ORDERS AND WASTED COSTS ORDERS
Definitions
(1) “Costs” means fees, charges, disbursements or expenses incurred by or on behalf of the receiving party (including expenses that witnesses incur for the purpose of, or in connection with, attendance at a Tribunal hearing). In Scotland all references to costs (except when used in the expression “wasted costs”) shall be read as references to expenses.
(2) “Legally represented” means having the assistance of a person (including where that person is the receiving party’s employee) who—
(a) has a right of audience in relation to any class of proceedings in any part of the Senior Courts of England and Wales, or all proceedings in county courts or magistrates’ courts;
(b) is an advocate or solicitor in Scotland; or
(c) is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.
(3) “Represented by a lay representative” means having the assistance of a person who does not satisfy any of the criteria in paragraph (2) and who charges for representation in the proceedings.
Costs orders and preparation time orders
(1) A costs order is an order that a party (“the paying party”) make a payment to—
(a) another party (“the receiving party”) in respect of the costs that the receiving party has incurred while legally represented or while represented by a lay representative;
- Type
- Chapter
- Information
- ExpensesA Civil Practitioner's Handbook, pp. 102 - 106Publisher: Edinburgh University PressPrint publication year: 2022