0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Record employment tribunal costs award

12 August 2011

Unlike litigation in the civil courts, costs orders in the employment tribunals are the exception rather than the rule. An employer successfully defending a claim against it can only recover its legal costs of doing so if it can show that the claimant behaved “vexatiously, abusively, disruptively or otherwise unreasonably” or that bringing the case was “misconceived.” In reality the employment tribunals award costs in only 0.2% of cases, and even then the level of award is often much lower than the legal costs incurred.

However, in a recent case an employment tribunal awarded costs of £100,000 against a former executive of Pertemps after she was unsuccessful in a sexual harassment case against her former employer. It is an encouraging example of an employment tribunal using a costs order in a case which, according to one newspaper, it found to be “vexatious, frivolous and [a waste of] the court’s time.”

Related opinions

Flexible working and leave for carers

The Government has launched a consultation today on potential changes to the statutory flexible working regime.

View blog

Importance of considering flexible working applications

An employment tribunal has awarded an employee almost £185,000 for indirect discrimination following a failure to adequately consider the employee’s flexible working request.

View blog

Potential care home vaccination challenge

Time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated from Covid-19.

View blog

Right to Work checks after 30 June 2021 for EU staff employed before 30 June 2021

The deadline for applying to the EU Settlement Scheme (EUSS) passed on 30 June 2021. The Home Office recently updated their Right to Work employer’s guide to clarify how Right To Work (RTW) checks need to be carried out from 1 July 2021 for EU and EEA citizens who were employed on or before 30 June 2021.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up