Reimbursement of EAT Fees by Respondent

Thanks to James Medhurst of Employment Law Advocates for preparing this case summary

Is there a presumption that the successful Appellant in an appeal will recover the £400 issue fee and £1,200 hearing fee from the unsuccessful Respondent?

Seemingly not, given the EAT's decision in Old v Palace Fields Primary Academy.

The Claimant was a teacher who had been dismissed after being accused of encouraging the bullying of one of her pupils.  The employment tribunal found the dismissal was fair.  The EAT found two (minor) faults in the tribunal's reasoning and the case remitted back to the same employment judge.

However, the EAT did not make an order for recovery of the £400 issue fee and ordered only half of the £1,200 hearing fee to be repaid. It said that it had a wide discretion as to recovery of fees and that the Claimant had only been "partially successful" because the case had been remitted back to the same Employment Judge.