Costs—Employment tribunal—Unreasonable conduct of proceedings

Court of Appeal, Civil Division, Mummery, Patten LJJ and Sir Henry Brooke, 3 Nov 2011

The judgment in McPherson v BNP Paribas (London Branch) [2004] EWCA Civ 569, [2004] 3 All ER 266 had never been intended to re-write r 40 within Sch 1 to the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2004 (SI 2004/1861), or to add a gloss to it. 
 

Antony Sendall (instructed by HLW Commercial Lawyers LLP) for the employee. Edward Legard (instructed by Barnsley MBC Legal Services Division) for the employer.

The claimant was employed by the defendant local authority. In August 2005, she brought race, sex and disability discrimination claims and a victimisation claim against the authority. She presented a second claim in 2006. She alleged that she was physically disabled as a result of injuries in an accident at the school in 2003. The authority disputed liability. The sex discrimination claim was withdrawn in November 2006,