Tribunal cost warnings

Tribunals should not threaten employees with having to pay costs if they lose the claim, unless there is a real risk that this would happen.

The Court of Appeal ruled recently that tribunals need to be particularly careful not to place pressure on someone taking a claim, particularly where they are not legally represented. A costs' warning should only be made where there is a "real risk" that an order for costs will be made.

* Gee v Shell, Court of Appeal, 24 October 2002