Goldwater and others v Sellafield Ltd UKEAT/0178/14; (2015) EMPLR 027
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.
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