05 July 2010 #Employment
Parties in employment tribunal cases usually pay their own costs regardless of whether they are successful or not, unlike civil courts.
Although costs can be ordered in the tribunal, they have traditionally been relatively rare.
It was surprising therefore to see that costs were ordered against the Claimant in the case of O`Driscoll v Hertfordshire Personal Assistance Support Service, especially as the appeal had been allowed to proceed to a full hearing, and so the Tribunal therefore expected it to have reasonable prospects of success.
However, the Claimant in this case had been warned about EAT costs at a preliminary hearing. The Tribunal had already concluded that costs should be awarded against the Claimant as she had been unreasonable in her conduct and her allegations had no credibility. It had been made clear to the Claimant that although she may succeed in one of her allegations, she would fail on others. For the Claimant to proceed with the appeal was deemed unreasonable conduct particularly as she could offer no substantial arguments.
The Claimant in this case was ordered to pay £1,000 by the EAT in addition to the £10,000 costs already ordered by the Tribunal.