Costs awards and time limits

Case 4: The facts

The ISTC union (now part of Community) applied for a protective award on behalf of 170 members, but was four months out of time because of difficulties arising from the fact that the company was in liquidation. A tribunal dismissed the application on the grounds that it was reasonably practicable for the union to have brought it within time. The EAT dismissed the union's appeal, and the employer applied for costs.

The ruling

The Employment Appeal Tribunal (EAT) did not award costs, as it said the ISTC had not acted unreasonably in bringing the appeal even though it had little hope of succeeding. The EAT took into account the fact that the appeal had survived its sifting procedure, but said this did not imply that costs would never be awarded in such circumstances.

Iron and Steel Trades Confederation v ASW Holdings [2004] IRLR 926