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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.
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