Can’t pay, must pay — Employment Tribunal’s costs award against claimant upheld

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The claimant brought various discrimination, harassment and whistleblowing claims against the council, a previous employer from whom she had TUPE transferred and also against a number of individual colleagues. All the respondents had common representation. Following a 20-day hearing, all the claims were dismissed by the Employment Tribunal and the claimant was ordered to pay costs of one third of the respondents’ total costs (£260,000, to be assessed), on the basis that the claim was misconceived from the start.

The Employment Appeal Tribunal (EAT) decided that the costs award, which they took to be £60,000 after assessment, had been correctly made, even though the respondents had not applied for a deposit order and there had been no costs warnings…

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