Employment Tribunal Costs Warning Letter

Should I be worried about my employer's Employment Tribunal Costs warning letter?

Sometimes a threat of costs is nothing more that scare tactics and can be disregarded, other times they're very serious.

If your employer really does have a chance of winning their costs against you, you can be ordered to pay all of their legal fees, which may be in the tens of thousands, depending on your case.

Our specialist employment law advisor can explain which is most likely in your case and advise on how best to respond.


If you would like to recover your costs of taking your employment law dispute to the employment tribunal, you must warn your opponent that you will make an application to the employment tribunal for a costs order to be made against them.

If you're not sure whether you can claim your costs back, we explain in this section of our article on employment tribunal costs.

Your employer should respond to your tribunal costs warning letter within a reasonable time. For example, you may put a deadline by which you ask them to withdraw their case, otherwise you will make an application for a costs order.

Employment Tribunal Costs Warning Letter from employment law friend
Employment Tribunal Costs Warning Letter from employment law friend
Employment Tribunal Costs Warning Letter from employment law friend
Employment Tribunal Costs Warning Letter from employment law friend
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What's included:

  • details of the case
  • explanation of why their case could be subject to a costs order (we list all the reasons)
  • request for your opponent to withdraw their case
  • explain what you can do if your opponent doesn't respond, review or change their position

Frequently Asked Questions


This document has been drafted by someone with extensive knowledge of employment law to help you in a cost effective way. Employment Law Friend is not regulated by the SRA which allows us to keep our services affordable. If you want to get regulated legal advice on your specific case then you should get in contact for help from one of our regulated panel solicitors.

Whether you need help drafting your Grievance Letter or want us to handle your application to the Employment Tribunal, our legally trained advisors or panel solicitors provide specialist advice at competitive rates. We will even help you work out whether you have a case worth pursuing.

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