HC Deb 19 April 2004 vol 420 cc319-20W
Bob Spink

To ask the Secretary of State for Trade and Industry (1) if she will issue guidance to tribunals on the test of reasonableness in relation to the award of costs between parties; [165695]

(2) what plans she has to review the guidance she gives to tribunals on costs where an employee wins the case but is left with costs higher than the compensation awarded; and if she will make a statement. [165696]

Mr. Sutcliffe

Costs are not awarded at employment tribunals, except in cases where a party or a party's representative has, in conducting the proceedings, acted vexatiously, abusively, disruptively or otherwise unreasonably, or where the bringing or conducting of the case has been misconceived. The awarding of costs is a matter for the employment tribunals themselves, acting in their capacity as independent judicial bodies and in accordance with then regulations and rules of procedure. It is not for my right hon. Friend the Secretary of State to issue guidance on the level of costs that should be awarded in specific cases.