Wasted costs: order for £35,000: successful appeal to EAT

EMPLOYMENT TRIBUNALS

Wasted costs order

Case Isteed v London Borough of Redbridge (2016) UKEAT/0442/14/DA

Facts A claimant complained of unfair dismissal and age discrimination. His solicitors lodged the claim out of time. Following a protracted series of hearings the ET dismissed the claims on the basis that it had no jurisdiction. The respondent applied for a £35,000 wasted costs order against the solicitors. The ET made the order and the solicitors appealed to the EAT.

Decision 1. The appeal was allowed.

1. The ET had failed to adequately deal with causation and the justice of the order.

2. Given the fluid and changing nature of the original application, the solicitors had not had proper or adequate notice of its basis.

3. The comments and conduct of the ET judge gave rise to the appearance of bias.