Employment tribunals: costs warning: new EAT case: Hussain v Nottinghamshire Healthcare NHS Trust
Case Hussain v Nottinghamshire Healthcare NHS Trust (2016) Morning Star, October 28, EAT
Facts During the hearing of a claim by H, the tribunal judge warned him that the apparent weaknesses in his case were such that a costs award might be made against him. After the case was adjourned, H lodged a complaint that the tribunal was biased. This was rejected. On the determination of the employer’s application for £100,000 costs, the tribunal noted that the employer had written to H three times pointing out the weaknesses in his claims and putting him on notice that it would seek costs against him. It awarded costs of 85 per cent of the total claimed. H appealed to the EAT.
Decision 1. Tribunals have to give guidance to parties as to how their case might be viewed and the risks they might be taking if they continue down a particular path.
The tribunal had not made up its mind early on. It had simply warned H of the risks.
The tribunal had not adequately explained why it had made an order for 85% of the costs. This point was remitted to the same tribunal.