The claimant was unsuccessful in her substantive claims and subsequently a costs order was made against her. She applied for reconsideration of the costs order and in connection with that she sought orders from the Employment Tribunal (‘ET’) requiring the respondents to provide information in response to questions relating to its conduct of the litigation. She also sought orders for disclosure, inspection and third party disclosure. She said this material was relevant to her grounds for reconsideration as she contended that the respondents’ own conduct should have been taken into account in determining the costs issue. Her applications were contained in letters to the ET dated 20 March and 20 June 2018. She sent chasing correspondence in August 2019. This appeal was from the ET’s decision contained in a letter dated 20 August 2019 refusing her applications.
The appeal was allowed on the basis that the Employment Judge had failed to take into account relevant considerations, namely the reconsideration application and the two 2018 applications; the available materials indicated these documents were not before her when she made her decision. Secondly, there was a failure to comply with the duty to give reasons; the decision letter was so brief it did not enable the claimant to know whether each of her applications had been considered or the basis upon which they had been refused. The applications were remitted for determination.
Citations:
[2021] UKEAT 2019-000842
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 June 2022; Ref: scu.678252