Bailey v. Thomas & Betts Ltd & Anor [2001] UKEAT 142_01_2803 (28 March 2001)

Leave to appeal is granted as there are arguable points regarding the Tribunal's exercise of its costs powers, the identification of misconduct, and the procedural fairness of the decision.

Citation: [2001] UKEAT 142_01_2803
Parties: Appellant: Mr Bailey; Respondent: Unknown Respondent
Jurisdiction: United Kingdom
Judgment Date: 28 March 2001
Procedural Posture: Employment Tribunal Appeal / Preliminary Hearing
Outcome: Leave to appeal granted
Legal Topics: Costs, Tribunal Powers, Representative Liability, Abuse of Process

Employment Law Costs Tribunal Powers Representative Liability Abuse of Process

Case Brief

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Parties

Mr Bailey

Appellant

Unknown Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

1 Whether the Tribunal properly adjudicated the amount of costs to be paid by Mr Bailey
2 Whether the Tribunal had power to award costs against a representative rather than a party
3 Whether a representative's failure to obtain authorities from a client can amount to abuse of process

Ratio Decidendi

Leave to appeal is granted as there are arguable points regarding the Tribunal's exercise of its costs powers, the identification of misconduct, and the procedural fairness of the decision.

Court Disposition

Leave to appeal granted

Orders

Bundle to include summary reasons
Revised notice of appeal to focus on four identified points