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16 April 2012
Employment Appeal Tribunal
HHJ David Richardson, Mr M Clancy and Mr M Worthington
The fact that a claimant is not professionally represented in a tribunal is a (not conclusive) factor against the tribunal making an award of costs against the Claimant; as is the fact that the Respondent did not apply for a pre-hearing review to have the claim struck out or for a deposit.
H's complaint of constructive dismissal before an employment tribunal failed. The tribunal refused AQ's application for costs. AQ appealed, arguing that the tribunal had wrongly taken account of the fact that H was representing himself and that AQ had not applied for a pre-hearing review. The EAT dismissed the appeal, saying the tribunal was entitled to take those factors into account.
Authoritative analysis of the rules governing termination of employment provides coverage of the...