England, Wales and Scotland · Employment Appeal Tribunal
When can I apply to the EAT for costs after a hearing?
After the hearing, paragraph 12.2.3 permits a costs application within 14 days of the seal date of the EAT order disposing of the issue concerned. Applications can also be made during or at the end of a hearing under paragraphs 12.2.1–12.2.2. Costs are not awarded automatically. The 2026 direction applies where the underlying Employment Tribunal decision was sent to the parties on or after March 2, 2026. The 2024 direction still applies where it was sent before that date. The hearing date and appeal filing date do not select the edition.
- Period
- During or at the end of a hearing as applicable, or within 14 days of the relevant order’s seal date
- Trigger
- Seal date of the relevant EAT order disposing of the issue for which costs are sought
- Rule
- EAT Practice Direction 2024 and 2026, paragraphs 12.1–12.10
Tribunal decisions sent on or after March 2, 2026. Earlier decisions use the 2024 direction.
Source guide · No automated date
Identify the request and relevant EAT order
Use this guide for timing and preparation of an EAT costs application. It does not determine whether the legal grounds for a costs award are met.
EAT Practice Direction 2024, paragraphs 12.1–12.10What lawyers say
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Which order and event control this request?
The 2026 direction applies where the underlying Employment Tribunal decision was sent to the parties on or after March 2, 2026. The 2024 direction still applies where it was sent before that date. The hearing date and appeal filing date do not select the edition.
Identify the issue for which costs are sought and the EAT order disposing of it.
Preserve that order’s seal date. Do not substitute a different order or assume the hearing date is the same.
Check whether a costs application was already made during or at the end of the hearing and read any directions for its determination.
EAT Practice Direction 2024, paragraphs 12.1–12.10How should I check the request window?
- Identify the exact request and relevant order.
- Use its date or seal date as specified for that procedure.
- Read any later direction.
- Preserve the relevant EAT office’s receipt evidence.
Paragraph 3.4.3 generally counts all days. The separate five-day exception in paragraph 3.4.4 does not turn these 14-day descriptions into working-day periods.
Paragraph 3.4.3 addresses expiry when the relevant EAT office is closed. Check any actual case direction and the relevant office’s availability.
Paragraph 3.4.2 requires the complete document to reach the EAT or relevant party by 4pm when a service date is given. Receipt after 4pm counts as service on the next working day. Preserve each required receipt.
EAT Practice Direction 2024, paragraphs 3.4.2–3.4.4Why is there no automatic request date?
The correct request and order must be identified. Calculation adapters and independent date fixtures remain under review.
What qualifications apply to this request?
- Applying at the hearing
- Paragraph 12.2.1 permits an application arising from determination of an issue during a hearing. Paragraph 12.2.2 permits applying at its end, usually where a determination is given. The judge may defer consideration.
- Represented party
- Paragraph 12.3 encourages a represented party to apply orally immediately after an oral decision where able to do so.
- Application contents
- Paragraph 12.4 requires the facts, legal basis and costs incurred. Where costs concern only part of the proceedings, identify the costs incurred on that part.
- Written application
- Paragraph 12.5 requires the Section 7 process and Annex 2 form for a written costs application. Paragraph 12.9 permits directions for fair disposal.
- Written reasons for a costs order
- Paragraph 12.10 supplies a different procedure. If the costs order is made at a hearing, request its written reasons at that hearing or within 21 days of the costs order’s seal date. Do not confuse that request with applying for costs.
- This source guide does not decide whether the substantive application should succeed.
- It supplies no computed date or paid calculation action.
What should I check before applying?
Common questions
The request and trigger
Do the post-hearing 14 days start from the hearing date?
Paragraph 12.2.3 uses the seal date of the relevant EAT order disposing of the issue for which costs are sought.
Paragraph 12.2.3Must I wait until after the hearing to seek costs?
No. Paragraphs 12.2.1–12.2.2 also permit applications during or at the end of a hearing in the stated circumstances.
Paragraphs 12.2.1–12.2.2Is the 21-day written-reasons request another costs application window?
No. Paragraph 12.10 addresses written reasons for a costs order made at a hearing. Paragraph 12.2.3 addresses applying for the costs order itself.
Paragraph 12.10Directions and receipt
Can case-specific EAT directions change the usual procedure?
Paragraph 1.3.5 permits variation of the usual procedure for a particular appeal. Read the actual directions rather than assuming an extension.
Paragraph 1.3.5Does receipt by the EAT after 4pm count that day?
Paragraph 3.4.2 treats it as arrival on the next working day. Preserve the actual EAT receipt evidence.
EAT Practice Direction 2024, paragraphs 3.4.2–3.4.4The applicable direction
Which EAT Practice Direction applies to my appeal?
The 2026 direction applies where the underlying Employment Tribunal decision was sent to the parties on or after March 2, 2026. The 2024 direction still applies where it was sent before that date. The hearing date and appeal filing date do not select the edition.
EAT Practice Direction 2026, paragraphs 1.2.1–1.2.2 (Word document)Official sources and scope
Provisions used (9)
| Provision | Purpose |
|---|---|
| Paragraphs 12.1–12.5 | Costs terminology, hearing alternatives, seal-date window and application contents |
| Paragraphs 12.6–12.10 | Means evidence, determination, wasted costs, directions and written reasons |
| Paragraphs 7.3.1–7.3.2 | Application form and supporting evidence |
| Paragraph 7.3.3 | Copies to parties or potential parties |
| EAT Practice Direction 2024, paragraphs 3.4.2–3.4.4 | Computation, office closure and receipt cutoff |
| Paragraph 1.3.5 | Variation of the usual case procedure |
| EAT Practice Direction 2026, paragraphs 12.1–12.10 (Word document) | The reviewed procedure in the 2026 edition |
| EAT Practice Direction 2026, paragraphs 1.2.1–1.2.2 (Word document) | Decision-date scope and continued application of the 2024 direction |
| Official publication of the 2026 direction | October 1, 2026 publication and official download |