Nicholas Siddall has been involved in an important decision on the Employment Tribunal’s costs regime.
The claim involved arguments as to the transfer of baggage handlers at Manchester Airport between tow international entities. The Employment Tribunal after a 5 day hearing ordered costs against the transferee on the basis that it considered that its defence to the Claimants’ claims of unfair dismissal did not enjoy reasonable prospects of success. The transferee appealed that decision on the basis that the Employment Tribunal had erred in failing to recognise the effect on its costs jurisdiction of the fact that the Claimants’ claim was funded by a Damages Based Agreement and also erred in its approach to the question of costs.
The appeal was successful before Slade J and an article addressing the impact of the decision is shortly to follow.