EAT PRACTICE AND PROCEDURE – Costs
Expenses/costs. Claimant found liable in expenses – on grounds of misconduct- restricted to andpound;4,000 on account of his limited means. Fresh evidence heard on appeal which showed that Claimant had made misrepresentations to the Employment Tribunal regarding the nature and extent of his regular outgoings and regarding disposal of a capital sum shortly prior to hearing. Employment Appeal Tribunal satisfied that, in all the circumstances, no regard could be had to the Claimant’s means and remitted the case to the Employment Tribunal with a direction to remit the assessment of the Claimant’s liability for expenses to the Auditor of the Sheriff Court. Employment Appeal Tribunal also satisfied that Employment Tribunal had erred in taking account of only the Claimant’s income and outgoings when assessing his liability for expenses; they had failed to have regard to his capital but, having decided to have regard to his means, they required to look at his whole means and that included his capital resources.
Smith J
[2011] UKEAT 0024 – 10 – 1507
Bailii
England and Wales
Employment, Costs
Updated: 11 November 2021; Ref: scu.444040