EAT PRACTICE AND PROCEDURE
Costs
Appearance/response
The first appeal related to a claim by Miss Marzan that she had not been paid a month’s wages due in respect of her notice period. It was initially brought against ‘Godfrey Morgan Solicitors t/a GMS Law’. There was a solicitors’ firm, Godfrey Morgan Solicitors (of which Godfrey Morgan was a partner), and a company, Godfrey Morgan Limited t/a GMS Law (of which he was a director). The firm responded, to claim that the Employment Tribunal had no jurisdiction because the claim had not been brought against the company (the word ‘Limited’ was missing), and putting her to proof that she had ever been employed by it. This was supported by a witness statement from Godfrey Morgan which did not state that he knew that the Claimant had been an employee of the company for over a year (as he did), nor did it disclose that in the company’s possession was a copy of her contract of employment. In consequence, the day allocated to the hearing was entirely wasted save as to ordering that the company be joined as second Respondent and making consequential directions. The ET made a time preparation costs order on the basis that the conduct in defence of the proceedings was unreasonable. The appeal against this order was dismissed.
The second to fifth appeals rested on an order (headed ‘unless order’ but otherwise not indicating what consequence would follow from non-compliance) that Godfrey Morgan (who had not been present at the first hearing, saying he was abroad) should produce an airline ticket which verified this. Since (he said) he had lost or disposed of the ticket, he could not comply, and the response was first struck out (appeal 3), then continued unopposed such that Miss Marzan succeeded (appeal 4), and then further time preparation costs were ordered against the Appellant (appeal 5). Since there was no proper basis in reason, relevance or justice for ordering disclosure let alone copying of the ticket, and it was not the function of an ET to act in discipline of a solicitor, let alone the hopelessly unspecific wording of the unless order and the evidence the document was not in possession of Mr Morgan, these appeals (which all stood together) were allowed. The claim is remitted for hearing before a new Tribunal.
Judges:
Langstaff P J
Citations:
[2012] UKEAT 0465 – 11 – 1502
Links:
Jurisdiction:
England and Wales
Employment, Costs
Updated: 13 October 2022; Ref: scu.454077
