Labour Research December 2002

Law Matters

Tribunal cost

Tribunals should not threaten employees with having to pay costs if they lose their claim, unless there is a real risk that they would actually be required to pay them. In a recent ruling, Court of Appeal judges held that tribunals need to be careful not to place pressure on someone taking a claim, particularly where they are not legally represented. A warning on costs 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