COSTS – Detailed Assessment
1. In conducting a detailed assessment of costs, the Employment Judge misunderstood the degree of overlap between (1) the Claimant’s complaints of ‘whistleblowing’ detriment and automatic unfair dismissal, in respect of which an order for costs was made, and (2) the Claimant’s other complaints, in particular ordinary unfair dismissal, in respect of which no order for costs was made.
2. In assessing the proportionality of the costs, the Employment Judge relied on the Claimant’s schedules claiming in excess of pounds 2 million. These were the documents of a lay person. She ought to have asked herself what was really in issue in the proceedings, and in so deciding should have taken into account the lower and more realistic schedule lodged by the Claimant’s representatives at a time when he was represented.
Citations:
[2019] UKEAT 0114 – 18 – 0407
Links:
Jurisdiction:
England and Wales
Cited by:
See Also – Gosalakkal v University Hospitals of Leicester NHS Trust EAT 4-Jul-2019
(Practice and Procedure – Reconsideration) The Employment Judge did not give supportable reasons for refusing the Claimant’s application for reconsideration. . .
Lists of cited by and citing cases may be incomplete.
Employment, Costs
Updated: 12 July 2022; Ref: scu.639330