Tide turning in favour of costs awards?

Thursday 11th July 2013

moneytowers_188Marsden Rawsthorn's employment law specialist James Bellamy, comments on cost awards.

"There have been two recent cases of large costs awards being made against claimants which goes against the starting position of Employment Tribunals. In Vaughan v London Borough of Lewisham and others UKEAT/0533/12in particular there was not even a costs warning made by the Respondent nor a deposit order made by the tribunal which, it could be argued, did not warn the claimant especially when he was unrepresented that costs may follow." he says.

Advice for Employers

James' advice to employers is "employers still need to be aware not to unduly pressurise claimants especially litigants in person for the risk of coming across as vexatious which in itself may be a reason for costs. However provided there are clearly no prospects of success of a claim then it is always advisable to put this to the Claimant and explain why in detail.

You should always put them at risk of an application of costs and set out what you realistically estimate those costs to be. As an added measure it is always advisable that you then ask them to seek legal advice. This will then put you in the best possible position of being awarded costs following an application at the end of any litigation."

For further information on employment law matters contact our specialist James Bellamy on 0800 294 4410.

Author: Administrator

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