Employment

The Employment Appeal Tribunal (EAT) allowed the employee’s appeal against a wasted costs order made against his solicitors following the dismissal of claims of unfair dismissal and unlawful age discrimination. The EAT held that the jurisdiction to make a wasted costs order extended only to impugned conduct that had caused a waste of costs and only to the extent of such wasted costs, demonstration of a causal link being essential. Those findings had not been implicit in the particular circumstances and the employment tribunal had erred in failing adequately to deal with causation and the justice of such an order. Further, there had been procedural unfairness and apparent bias and the employment judge should have recused himself.