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Goldwater and others v Sellafield Ltd UKEAT/0178/14; (2015) EMPLR 027
19 February 2015
Employment Appeal Tribunal (EAT)
His Honour Judge Shanks
Where an appeal to the EAT succeeds, the appellant may be
entitled to recover the lodgement and hearing fees from the unsuccessful
respondent. But the EAT has no power to order this where the EAT fees were paid
by someone other than the appellant - in this case, the appellant’s trade
union. The same rule applies in employment tribunals, where successful
claimants may recover their tribunal fees from the respondent - but not if
someone other than the claimant has paid those fees.
A solution might be for third parties who pay the fees
for a claimant or appellant to provide that this is a loan repayable in the
event that the claim or appeal succeeds.