Case of the week

Claimant throws papers on desk in front of barrister and reaps the consequences!

This case demonstrates that Tribunals will not suffer fools or disruptive and unreasonable behaviour from claimants or respondents

I have discussed costs in the past when cases have been brought unreasonably or vexatiously and I shall reiterate they are the exception rather than the norm. Tribunals are reluctant to award costs and direct themselves very careful when a costs application is made, or when, by their own volition, they deem costs may be appropriate.

People’s court

Employment tribunals are the ‘peoples court’. They were designed to facilitate swift outcomes to industrial disputes and operate with a degree of informality not seen in other judicial venues. And they are free to the end user.

This makes for many claims which otherwise not see the light of day. Back in 2013 the government introduced the much derided fee structure to start a claim. A standard unfair dismissal claim came in at £1,200; a sum which is hard to find when you have just been sacked. It was no wonder the tribunal figures dropped off a cliff. Tumbleweed was blowing through the corridors of the tribunal offices throughout the land.

Unison stepped in immediately and commenced a four year battle to have the fees scrapped, eventually securing victory in the Supreme Court in 2017, which resulted in a costly exercise to reimburse all those who had paid fees to make a claim.

The fact that it is again free to claim is good news - justice for all as they say. But, this also allows those scrupulous and nuisance claims to get an airing. I previously wrote about Mr Taheri who made over 40 claims and constantly attracted costs orders.

This week’s case is also about a serial litigant, but this chap did his utmost to upset the Tribunal members and found himself facing a costs order and having his claim thrown out two days into a scheduled six day hearing.

An unrepresented claimant, known as a ‘litigant in person’, can expect a certain amount of leeway when it comes to understanding tribunal procedure and practice. A tribunal will not assist in their cross examination of witnesses but