Growcott v Glaze Auto Parts Ltd: EAT 6 Feb 2012

The employee was, after investigation dismissed for misconduct. Her unfair dismissal claim failed, as did her appeal against the Employment Tribunal’s decision. The employers then sought and obtained an order that the employee should pay their costs from the date of an email sent to the employee by the employers’ solicitors warning her of the issues in the unfair dismissal proceedings, and of the Burchell principles and that if she persisted they would apply for costs. She went ahead despite the email.
The employee appealed against the costs order; her criticisms of the ET were largely criticisms of their original rejection of her unfair dismissal claim.
Held: that the ET were entitled to find that the employee had acted unreasonably in continuing her claim after the email.
Burke QC J
[2012] UKEAT 04193 – 11 – 0602
England and Wales

Updated: 24 March 2021; Ref: scu.451887