EAT Practice and Procedure: Costs – The Claimant and her representative absented themselves from the ET hearing during day two. The ET continued with the hearing on days two and three and gave Judgment with Reasons rejecting her claims. At a subsequent Costs Hearing the ET found that the Claimant had behaved unreasonably in absenting herself on day two; it made no findings adverse to her prior to that point. It awarded costs against her in respect of the refreshers of the Respondent’s counsel for the second and third days.
HELD: the ET was entitled to conclude that the costs of the Respondent incurred after the Claimant left on the second day were caused by the Claimant’s unreasonable behaviour – it had given proper reasons. However, counsel’s fee for the second day was incurred prior to the Claimant absenting herself, and the ET had not justified awarding an item of costs incurred prior to the commencement of the unreasonable conduct. Appeal allowed in part.
David Richardson HHJ
 UKEAT 0055 – 16 – 1107
England and Wales
Updated: 22 January 2022; Ref: scu.568588