The Tribunal did not err in law in refusing to postpone a costs hearing because the Claimant contended that he was unwell and had not slept the night before the hearing. The Tribunal did not err in law in its consideration of the Claimant’s means, and in holding that, although he was unable to pay any award of costs at the time of the hearing, there were reasonable prospects that he would be able to pay an award of costs of pounds 2,000 (10% of sum claimed by the First Respondent) in the future.
Rule 42 of the ET Rules, which requires the Tribunal to consider written representations sent to it and the other parties 7 days before a hearing, does not preclude the employment tribunal allowing a party to submit a skeleton argument at the hearing (or less than 7 days before the hearing), although fairness generally requires that the other party has a reasonable amount of time to read the skeleton before oral submissions.
[2021] UKEAT 2019-000145
Bailii
England and Wales
Updated: 30 October 2021; Ref: scu.668243