Simon v British Gas Trading Ltd & Anor [2003] UKEAT 0836_02_0206 (2 June 2003)

The Appellant's refusal to accept a reasonable settlement offer and subsequent withdrawal of claims constituted unreasonable conduct justifying a costs order, but the Tribunal erred in awarding the whole of the Respondent's costs; only costs incurred for the second day of hearing were justified.

Citation: [2003] UKEAT 0836_02_0206
Parties: Appellant: Mr Simon; Respondent: Pertemps Recruitment Ltd
Jurisdiction: United Kingdom
Judgment Date: 02 June 2003
Procedural Posture: Employment Tribunal Appeal / Appeal Against Costs Order
Outcome: Appeal allowed in part
Legal Topics: Costs in Employment Tribunal, Unreasonable Conduct, Vexatious Litigation, Settlement Offers

Employment Law Costs in Employment Tribunal Unreasonable Conduct Vexatious Litigation Settlement Offers

Case Brief

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Parties

Mr Simon

Appellant

Pertemps Recruitment Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Costs Order

Legal Issues

1 Whether the Appellant's conduct was vexatious or unreasonable to justify a costs order under Rule 14(1) of the Employment Tribunal Rules of Procedure 2001
2 Whether the Tribunal erred in awarding the whole of the Respondent's costs

Ratio Decidendi

Court Disposition

Appeal allowed in part

Orders

Costs order reduced to £1,500 plus VAT, representing Counsel's fee for the second day of hearing