Costs against representatives

Case 1: The facts

As the result of a change to the law, an employment tribunal now has the power to award costs against an individual who pursues a claim vexatiously, abusively, disruptively or otherwise unreasonably. In addition, the conduct of the individual's advisors can be taken into account in deciding whether to make a costs award. In this case the employment tribunal had awarded costs against a group of workers because, in its view, their union representatives had brought a claim that had no reasonable prospect of success, and should have known better than to do so.

The ruling

The Employment Appeal Tribunal (EAT) held that, even though the law had changed, it did not go as far as the tribunal had suggested. Costs relevant to a representative's behaviour could only be made over the way that the case was conducted, not over the fact that a case had been taken which, it had become apparent, had no prospect of success.

Hosie v North Ayrshire Leisure EATS/0013/03