Employment Tribunal Costs and Funding
There is no fee to make an employment tribunal claim, and a tribunal can order one side to pay the other's costs only in limited situations such as unreasonable conduct. Some solicitors will act on a conditional or damages-based agreement, but availability depends on the strength and value of the claim.
What Claiming Costs
Direct Answer: GOV.UK says you do not have to pay a fee to make a claim to an employment tribunal, but other costs can arise, such as witness expenses or an order to pay the other side's costs if you act unreasonably.
Unlike many civil claims, the starting position in the employment tribunal is not that the loser pays the winner's costs, so the risk of a large adverse costs order is generally lower, though it is not zero.
Funding Your Own Representation
Some employment solicitors will act on a Conditional Fee Agreement or a Damages-Based Agreement, which are types of no win no fee arrangement, but not every claim is suitable and the deduction from any award can be significant. Check whether your home or union membership includes legal expenses cover, and consider Acas conciliation, which is free.
Before You Sign
Ask what percentage or success fee applies, what it is calculated on, what happens if you settle early or drop the claim, and who pays for expert evidence or other outlays. Compare it with what you would keep on the likely outcome.
Frequently Asked Questions
Is there a fee to bring an employment tribunal claim?
Can I be ordered to pay the other side's costs?
Will a solicitor take my case on no win no fee?
What is a damages-based agreement?
Is there other help with costs?
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.
- GOV.UK — Make a claim to an employment tribunal
You usually have to claim within 3 months of your employment ending or the problem happening, usually with an Acas early conciliation certificate; there is no fee to make a claim.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 18 September 2026. Next review due 18 March 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.