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Employment Appeal Tribunal Findings Good News For Employers
31/05/2009
By Claire West
A decision handed down recently by the Employment Appeal Tribunal (EAT) could mean that claimants found to be telling lies may soon find themselves having to meet tribunal costs.
Tim Jones, head of Higgs & Sons’ employment team, says the findings could be good news for employers.
“The EAT handed down its decision in the case of Daleside Nursing Home v Matthew, in which the claimant alleged that her manager had called her names, which could have amounted to racial discrimination. The tribunal concluded that the claimant was lying but declined to make a costs order on the basis that she had a genuine belief in her claim and had not acted unreasonably.
“Now the EAT has said the tribunal should have come to the conclusion that the claimant had acted unreasonably in bringing and conducting the proceedings, and the tribunal was therefore wrong in law to reject the claim for costs on that basis.
“Costs are not often ordered but this case suggests that if the claimant is proven to be lying over allegations of discrimination then a costs order should be made - good news for any employers who find themselves in tribunal facing a frivolous claim which they know has no merit.”
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