Monday, 19 July 2010


It's another judgment from the EAT suggesting, even more bluntly than the previous two, that a Claimant who lies in the tribunal should be ordered to pay the Respondent's costs. See paragraph 21 of the judgment for the comment from the Hon. Lady Smith.

On the facts, the EAT substituted an order that a Claimant who had been defrauded his employer should have to pay the Respondent's costs for (basically) having the cheek to bring a tribunal claim. However, a couple of interesting pointers arose:

  • the fact that the Claimant's solicitors ceased acting does not, of itself, suggest the Claimant is not listening to legal advice (para 38).
  • a Claimant cannot argue he was acting reasonably in bring a claim because he simply wanted a 'declaration' of unfair dismissal (para 39). This largely contradicts Telephone Information Services Ltd v Wilkinson (1991) IRLR 148, a case which was not cited to the EAT, and probably rightly so (see here for a discussion of Wilkinson).

Nicolson Highlandwear Ltd v Nicolson

No comments: