This case at the EAT is a reminder to Claimants that although costs are the exception not the rule, if they pursue a complaint that is misconceived, they bear a risk of costs. In this case, the Claimant’s were ordered to pay £10,000.00 of the Respondent’s costs for a two day hearing in which they were, unusually for an Employment Tribunal case, represented by a QC and where the complaint was misconceived.

The Claimant’s compounded their situation by appealing against the decision and ended up with a further costs award for the Respondent’s legal costs in the EAT. The amount is to be determined, but the Respondent seeks another £5k.