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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50148
Experience:  Qualified Solicitor
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Basis of appeal against an ET costs award

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A few weeks ago I lost a cost award at an employment tribunal (my ex-employer applied for costs and the tribunal judge awarded them £10k). I do not believe that the tribunal judge took enough notice of my current financial situation, and he was dismissive of my answers as to my assets and income claiming I had been 'less than honest'. I wholeheartedly disagree with this as I had told him 100% the truth. I wonder if I can appeal his judgement and on what grounds. For example, can I appeal on the basis that I cannot afford the award and that I feel he did not give enough credence to my current financial status?? Thanks

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have you been ordered to pay these in one go or over a period of time?


Over a period of time - he says that I should pay £500/month, however at present this would be difficult. I am annoyed that he only did a cursory review of my finances and then seems to have assumed that I was not telling the truth which is not correct.

Ben Jones :

When the tribunal makes an order for costs it may take the paying party’s ability to pay into consideration before making the decision, but that is not a strict requirement.


If the tribunal decides to take that into account, the tribunal should state in its decision how this has been done and to ensure it has made the decision on the basis of sufficient evidence.


If you disagree with the reasoning for the costs order then you are able to consider making an appeal to the EAT against the costs order and seeking for it to be overturned, although you would need the permission of the tribunal to do so. Contact the tribunal to state you wish to appeal and they should provide you with details on how to do so.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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