Employment tribunal costs: difficulties of recovery against a losing party
By Simon Fennell
Lord Sugar’s recent win in an employment tribunal proved bittersweet when he was unable to recover any of his costs, but his experience is far from unusual.
The starting point for litigation in the employment tribunal, unlike other courts, has always been that both parties bear their own costs and the losing party is not automatically required to contribute to the winner’s legal expenses. However, in certain, very limited circumstances it is possible to ask a tribunal to make an award of costs.
Lord Sugar is just the latest in a line of frustrated respondents unable to persuade an employment tribunal to award costs against a losing claimant. In his case, not even a judgment stating that the case ‘should never have been brought’ was sufficient for Lord Sugar to be able to recover some of the £50,000 costs that had been incurred in defending a claim for unfair dismissal by former winner of The Apprentice Stella English…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
The Court of Appeal has found in favour of a business tenant and decided that a periodic tenancy had not been created in the intervening period.
Careful drafting is usually required for restrictive covenants to be enforceable, although Prophet plc v Huggett provides the exception to the rule.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…