Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Local authoritiesEmployment lawEmployment tribunals

Case of the week: Jackson v Cambridgeshire County Council and others

by Alan Chalmers 21 Jun 2011
by Alan Chalmers 21 Jun 2011

Jackson v Cambridgeshire County Council and others

FACTS

This case related to proceedings brought by Mr Lloyd against Cambridgeshire County Council and others claiming constructive dismissal, sex discrimination and disability discrimination. Mr Lloyd died, but the proceedings were continued by his mother. Mr Lloyd and subsequently his mother were represented in the proceedings by his cousin, Mr Jackson, a solicitor specialising in banking law.

During an adjournment of the hearing, Mr Jackson posted material on Facebook regarding the proceedings, supplied documents to the press concerning costs incurred by the council, and made a statement complaining that no attempt had been made to settle. He also complained to the regional employment judge that the tribunal judge was biased, supported by reference to selective extracts of secret recordings of comments made by tribunal members in the tribunal room. He applied to the tribunal to recuse itself.

The council made an application to strike out the claim and the tribunal ordered that the proceedings be struck out. The council made an application for wasted costs.

DECISION

The tribunal awarded wasted costs of £16,037.04 relating mainly to costs incurred in attending a case management discussion necessitated by Mr Jackson’s unreasonable conduct in relation to the Facebook entries and in dealing with the recusal application and strike out.

A wasted costs order may be made against a party’s representative where costs are incurred as a result of any improper, unreasonable or negligent act or omission on the part of any representative. A representative means a legal or other representative, but only if the representative is “acting for profit”.

The tribunal held that Mr Jackson’s behaviour in seeking, as it found, to put maximum pressure on the council to induce financial settlement was only consistent with some kind of conditional fee arrangement, and that an application for costs made by Mr Jackson must mean that he was acting for profit. Mr Jackson appealed.

The EAT held that the tribunal’s reasoning was flawed. There was no reason to believe that Mr Jackson was acting in pursuit of profit, and the tribunal needed solid grounds for a finding to the contrary. The tribunal had no basis for their first finding, and Mr Jackson had given an explanation for the costs application which the tribunal failed to address.

The EAT considered evidence from Mrs Lloyd that she had paid some cash sums to an assistant who helped Mr Jackson with the case but had made no financial arrangement with Mr Jackson, and found that Mr Jackson was not acting in pursuit of profit. The tribunal was therefore not entitled to make a wasted costs order and the appeal was dismissed.

IMPLICATIONS

Costs do not “follow the event” in the employment tribunal, as they do in the civil courts but a tribunal can make costs orders in favour of legally represented parties, preparation time orders in favour of unrepresented parties and wasted costs orders against parties’ representatives.

However, as this case demonstrates, wasted costs orders will be made only against a representative who is acting for profit. Representatives who act on a not-for-profit basis include trade union representatives, Citizens Advice Bureau advisers and representatives from voluntary bodies. The EAT made observations in this case about the stage at which a wasted costs application should be made, stating that, while there is no general rule, the starting point is that a wasted costs application should be dealt with at the hearing to which it relates.

However, there will be cases in which it is not fair to proceed in this way, for example where the issues are not straightforward or time is short. In these circumstances, the application should be postponed to a later hearing or a specific hearing should be listed if it is proportionate to do so.

Alan Chalmers, employment partner, DLA Piper

Practical guidance from XpertHR on employment tribunals

  • In what circumstances can an employment tribunal order one of the parties to pay the legal costs of the other party? The XpertHR FAQ section answers this question.
  • What is the maximum amount of costs that a tribunal may order an employer to pay if it loses the case? The XpertHR FAQ section answers this question.
  • How to decide whether to settle or fight an employment tribunal claim The XpertHR “how to” section provides practical guidance for employers on the factors to consider when deciding whether or not to attempt to settle a tribunal claim.

Avatar
Alan Chalmers

Alan Chalmers is partner at DLA Piper.

previous post
Private sector shows jobs growth as public sector pain continues
next post
Weekly dilemma: Administration

You may also like

P&O Ferries boss denies reputational damage after mass...

27 May 2022

Employers lack data to make IR35 worker status...

25 May 2022

Maternity leave: Cost of living crisis highlights need...

25 May 2022

Aspers casino cashier excluded by colleagues wins £75k...

23 May 2022

One in five employers planning ‘no jab no...

19 May 2022

BNP Paribas banker accused of ’emotional terrorism’ wins...

19 May 2022

Bald move: Tribunal was right in sex-related harassment...

17 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022

Employment tribunal: use of word ‘bald’ can amount...

13 May 2022

Queen’s Speech: absence of employment bill leaves organisations...

10 May 2022
  • Strathclyde Business School expands its Degree Apprenticeship offer in England PROMOTED | The University of Strathclyde is expanding its programmes...Read more
  • The Search for Talent: Six Major Employer Pitfalls PROMOTED | The Great Resignation continues unabated...Read more
  • Navigating the widening “Skills Confidence Gap” in 2022, and beyond PROMOTED | Cornerstone OnDemand conducted a global study...Read more
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+