EAT PRACTICE AND PROCEDURE
The unsuccessful Claimant sought a review of the Employment Tribunal judgment. It was an extensive application. The Employment Judge sought a comprehensive response by the Respondent in his preliminary consideration under rule 35(3). The Respondent responded and sought its cost of so doing. Without a hearing, but after reading the Claimant’s submissions, the Employment Judge refused to order a review and awarded a portion of the Respondent’s costs. The Employment Judge did not err or exercise his discretion wrongly. Costs may be awarded at any stage of the proceedings if the criteria in rule 40(3) are met.
McMullen QC J
 UKEAT 0306 – 11 – 1804
England and Wales
Updated: 15 April 2021; Ref: scu.462919