Cost awards in Tribunals: Karen Moss successful in the EAT

30th July 2019

Dr Gosalakkal v University Hospitals of Leicester NHS Trust  UKEAT/0114/18/DA

In a judgment handed down on 4 July, Karen Moss represented the successful appellant who challenged a detailed assessment of costs of over £80k in the employment tribunal.

HHJ Richardson gave the judgment of the EAT which found that the employment judge had misunderstood the degree of overlap between (1) the whistleblowing complaints in respect of which an order for costs was made, and (2) the Claimant’s other complaints, in particular ordinary unfair dismissal, in respect of which no order for costs was made. In addition, in assessing the proportionality of the costs, the Employment Judge should not have relied on the unrepresented Claimant’s schedules claiming in excess of £2 million.  She ought to have asked herself what was really in issue in the proceedings, and in so deciding should have taken into account the lower and more realistic schedule lodged by the Claimant’s representatives at a time when he was represented.

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