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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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At a recent employment tribunal (which I lost) I was awarded

Customer Question

At a recent employment tribunal (which I lost) I was awarded costs against me of £10k. I feel that the judge did not adequately take it account my means before awarding the costs. Can I appeal this and if so how? Thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. On what grounds were costs awarded against you?

Customer:

Basically, I refused to attend the disciplinary process as the Chairman they kept appointing was the same one I had accused of bullying me. The judge said that as I had not 'engaged' in the disciplinary process, I should accept some of the costs. My only problem is that I cannot afford them.

taratill :

Hello were you asked about your means to pay?

Customer:

The judge did, but it was perfunctory and he seemed to not understand my financial situation. I tried to explain that I had incomings of x and outgoings of y, what I failed to explain properly is that the income goes to my company and after costs, I receive around £663 a month.

taratill :

were you self represented?

Customer:

yes

Customer:

He was very sceptical about my means, even though I did tell him the whole truth. In fact it seemed pretty one-sided to me.

taratill :

Ok you do have the right to appeal. In the first place a costs order should normally only occur in exceptional circumstances. Costs may be awarded for unreasonable conduct but if you would have been prepared to engage in the process if no bias had occurred then it seems a little harsh that costs were awarded for this reason. In addition whilst the Employment Tribunal was given information about your means to pay he ought to have ensured he thoroughly understood them. You can only appeal on a point of law to the EAT and you have 42 days to make the appeal. You should argue that the Tribunal has incorrectly applied rule 76 of the Employment Tribuanls Rules of Procedure 2013.

taratill :

Good luck with it.

Customer:

Is appeal the first stage - I read somewhere that I needed to request written reasons for the judgement prior to an appeal (I am confused by this as I have received a written judgement - is this the same thing?)

taratill :

Hi have you received the written reasons for the costs decision?

Customer:

yes - I think that is what I received

taratill :

Ok then it is 42 days from the date you received that.

taratill :

It is the first stage. Be clear that you are appealing the costs not the whole award.

taratill :

I meant not the decision.

Customer:

Yes - that is what I want to appeal - the costs only

Customer:

Another issue with this, is that the Claimant is already threatening me with court action for non payment. If I say I am appealing, we that cool them off?

taratill :

Yes. I would suggest you send them a copy of the appeal.

Customer:

ok thank you - are there forms to make an appeal?

taratill :

Yes guidance and a link to the form can be found on the following page http://www.justice.gov.uk/tribunals/employment-appeals/appeals

Customer:

thanks for your help

taratill and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

With regard to me arguing that the Tribunal has incorrectly applied rule 76 of the Employment Tribunals Rules of Procedure 2013, should I point out that they did not properly take into account my means, or that I that I would have engaged in the disciplinary process if no bias was present - or both? Thanks

Expert:  taratill replied 3 years ago.
I would state both.

All the best with it.
Customer: replied 3 years ago.

I am just filling out the appeal documentation. It is asking whether I have made an application to the employment tribunal for a review of its judgement or decision, and if not why not.



As I seem to have the reasons in the judgement itself, can I ignore this?


Thanks


Expert:  taratill replied 3 years ago.
Can I just check which form you are filling out as I am not familiar with that question arising?
Customer: replied 3 years ago.

Sorry - it is EAT Form 1 if that helps


 

Expert:  taratill replied 3 years ago.
Hi you can ignore it, you only need to give reasons for not submitting documents if they exist. As they do not exist you do not need to prodcue them or give resaons for failing to produce them.