Award of costs

Case 1: The facts

Safeway Stores employed Ms Kopel in their Ealing store. She resigned claiming she had been discriminated against and constructively dismissed and that her human rights had been infringed. Her claim was dismissed and costs were awarded against her because her employers were able to provide evidence that they had offered a financial settlement she had refused.

The ruling

The EAT held that there was no rule that said that an offer to settle automatically led to an award of costs. However, it was something a tribunal could take into account when deciding whether or not to make a costs order where, in its view, the conduct of the applicant was unreasonable.

* Kopel v Safeway Stores [2003] IRLR 753