Cost Awards in Employment Tribunal Cases

 In the recent case of Berry v Recruitment Revolution, the Employment Tribunal reaffirmed its position that an award for costs would be made against those who act vexatiously, abusively, disruptively or otherwise unreasonably in the bringing or conducting of an action.

 This particular applicant, Mr John Berry, over a period of a few years brought approximately 60 actions against a number of different firms. The claims were mainly directed against firms that had responded unfavourably to applications for employment. In most cases the claim was brought based on what Mr Berry perceived to be a discrimination against his age, paying particular attention to employment adverts that had called for ‘recent school leavers’ or ‘recent graduates’. 

In the instance of Recruitment Revolution, where an advert had been placed asking for ‘someone who had recently taken A-Levels’, the Employment Tribunal threw the case out. Mr Berry appealed this decision, but the Employment Appeal Tribunal [the EAT] agreed with the original judgement. Unfortunately the EAT was unable to discover the motivation of the applicant in bringing these claims, due to the applicant not attending the hearing, but the Judge did make some useful comments concerning the award of costs against those who bring vexatious claims.

The Judge in this instance stated that the purpose of the anti-discrimination regulations, ‘was not to provide a source of income for persons who complain of arguably discriminatory advertisements for job vacancies which they have in fact no wish or intention to fill”. The Judge went on to state that those who tried to exploit the employment and discrimination regulations for financial gain, would be liable for the costs of the other party.

 It is worth noting that during the period that Mr Berry had made these claims to the Employment Tribunal, several employers had settled the claim to avoid the litigation and minimise legal advice costs.

 If you are an employer or an affected individual who is looking for advice on how to avoid, respond to or submit claims in relation to Employment Law matters, then contact Legal & Contract Services Ltd to discuss your particular case.