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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10103
Experience:  30 years as a practising solicitor.
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Evening , I just attended a Industrial Tribunal today on behalf

Customer Question

Evening , I just attended a Industrial Tribunal today on behalf of my company , the decision was made against us for unfair dismissal of an employee , the judge has advised us to pay costs which we do not agree with or the way this was decided on against us .
Please advise us if we can appeal against the decision and the costs .

Whilst on, the costs were circa £10k do we need to pay this sum in full or could we offer to pay instalments if we loose an appeal.

We defended this ourselves and it is obvious now that we should have done this via a solicitor as we were critised for not providing enough company details on turnover etc as we paid the operative off due to the lack of orders and did not supply proof of this nor related downturn in sales .

Would appreciate your advice

Thanks XXXXX
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You can appeal to the Employment Appeal Tribunal if you have grounds to do so. However, if you have had a award of costs against you, which is quite unusual for an Employment Tribunal, you must have either made a total hash of the tribunal or otherwise annoyed them in a big way. There is no provision for payment of costs in instalments that I am aware of.

You have given me insufficient information to advise whether you have grounds to appeal the decision or the order for costs. However, I suggest that you take advice from an experienced employment law solicitor immediately. You should not attempt to conduct this type of litigation unless you are competent to do so, as the decision has clearly demonstrated.

Sorry to be blunt, but an award of costs of about £10000 is really quite unique in a standard unfair dismissal case and you really need face to face advice.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thanks for your response


 


David

Expert:  JGM replied 3 years ago.
You're welcome. Please leave positive feedback so that I am credited for my time.

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