EAT Practice and Procedure : Costs
The Respondent, having successfully resisted the Claimant’s claim, applied by letter for a hearing to deal with the question whether there should be an award of costs. The letter made it plain that there was further information and argument which the Respondent wished to present to the Employment Tribunal. The Employment Tribunal not only refused the application for a hearing but also the application for costs, saying there was ‘no prospect of the Tribunal (following a hearing or otherwise) making an order for costs’.
Held: Appeal allowed. The Employment Tribunal, having refused to order a hearing, was wrong to refuse the application for costs peremptorily. It was required to give the Respondent a fair opportunity to put forward its argument before determining the application; and its reasons were in any event insufficient to address the application.
Richardson HHJ
[2014] UKEAT 0109 – 14 – 2608
Bailii
England and Wales
Employment
Updated: 21 December 2021; Ref: scu.537096
