Failing to consider a reasonable offer of settlement or to make a counter offer can lead to an employment tribunal making a costs order.

G4S Services v Rondeau [2009] UKEAT 0207/09/DA

workrep.co.uk

    Helping You     About     Links     Contact     Site Info     HOME

18/02/2011

Where there is a failure to consider a reasonable offer of settlement or to make a reasonable counter-offer this may be judged as unreasonable conduct and be liable to result in a costs order.

In G4S Services v Rondeau costs were awarded against the claimant by the EAT. The claimant settled the case on the day of the EAT hearing for the same amount of £30,000 that had already been offered by the employer months beforehand.
Transcript of the judgement:-   G4S Services v Rondeau [2009] UKEAT 0207/09/DA
WorkRep.co.uk
Protecting Workers


Some recent employment cases:-
2010
Where an employee alleges unlawful conduct by his employer to his employer's own solicitor this is not defamatory. - Wallis & Anor v Meredith [2011] EWHC 75 (QB)
Pay protection should have been extended to female staff (after withdrawal of bonuses to males)under the Equal Pay Act 1970 - Bury MBC v Hamilton and Sunderland City Council v Brennan [2011] UKEAT
Under the RRA76 the employer was not vicariously liable for race discrimination by third party employees (the Equality Act 2010 section 40 changes this) - Conteh v. Parking Partners Ltd [2010] UKEAT 0288_10_1712
Discrimination against gay customers was also unlawful sex orientation discrimination against the claimant employee - Lisboa v. Realpubs Ltd & Ors [2011] UKEAT 0224_10_1101
Employment tribunal under no obligation to transfer unfair dismissal, racial discrimination, religious discrimination and sums due case to the tribunal nearest the workplace - Faleye & Anor v UK Mission Enterprise Ltd & Ors [2010] UKEAT 0359_10_0809
Contractual bonuses and pay in lieu of notice (PILON) - Locke v Candy and Candy Ltd [2010] EWCA Civ 1350
Where there is no unfair dismissal or otherwise termination of employment the tribunal may not consider breach of contract claims - Southern Cross Healthcare Co Ltd v Perkins & Ors [2010] EWCA Civ 1442
Trying to re-argue the facts at appeal on the grounds of bias or perversity is no easy task - Clarke v Zurich UK General Services Ltd [2010] EWCA Civ 1333
A distinction is made between treatment on the grounds of a person's beliefs and on the grounds of the manifestation of those beliefs - Power v. Greater Manchester Police Authority [2010] UKEAT 0087_10_0810
The "nature, gravity and effect" of misconduct must be taken into account when deciding whether to make (and if so the amount of) a costs award - Yerrakalva v. Barnsley Metropolitan Borough Council & Anor [2010] UKEAT 0231_10_0812
The effective date of termination does not change just because the employee has been allowed to leave early - South Manchester Abbeyfield Society Ltd v Hopkins & Anor [2010] UKEAT 0079_10_3011
Under the National Minimum Wage Act and National Minimum Wage Regulations workers may only claim for hours they are awake for the purpose of working. - South Manchester Abbeyfield Society Ltd v Hopkins & Anor [2010] UKEAT 0079_10_3011
When less favourable treatment amounting to a detriment follows a protected disclosure the employer must prove it was "in no sense whatsoever on the ground of the protected disclosure" - Fecitt & Ors v. NHS Manchester [2010] UKEAT 0150_10_2311
Establishing a contract of service and thence unfair dismissal remains a tall order for an agency worker - Tilson v Alstom Transport [2010] EWCA Civ 1308
The duty of fidelity and fiduciary obligations must remain separate and are in any case not imposed on employees; fidelity does not extend to reporting one's own or fellow employees' misconduct - Lonmar Global Risks Limited v West and Others [2010] EWHC 2878 (QB)
Employers don't need to justify age discriminatory behaviour in terms of "legitimate social policy objectives" - Seldon v. Clarkson Wright & Jakes [2010] Court of Appeal A2/2009/0149
Those seeking to profit out of the discrimination legislation will face costs - Berry v. Recruitment Revolution [2010] UKEAT 0190_10_0610
Court of Appeal re-interprets clause of BA contract to avoid 'disastrous' consequences for the firm (the employees must work harder and more stressful shifts) - Malone & Ors v British Airways Plc [2010] EWCA Civ 1225
EAT questions 'cost plus' approach to justification in discrimination - Woodcock v Cumbria Primary Care Trust [2010] UKEAT 0489_09_1211
Workers whose employment contract was made with a company that did not actually employ them are still entitled to TUPE protections upon transfer. The "Transferor" is the company in the group that they actually worked for - Albron Catering BV v FNV Bondgenoten C-242/09
Being incorrectly summarily dismissed for misconduct still amounted to a fair but wrongful dismissal - Weston Recovery Services v Fisher [2010] UKEAT 0062_10_0710
Not unfair dismissal despite having occurred during the protected consultation period contrary to s. 188 TULRCA s.188(8) - Hammonds LLP & Ors v Mwitta [2010] UKEAT 0026_10_0110
The Court of Appeal refers the timing of worker consultation under TUPE to the ECJ - United States of America v Nolan [2010] EWCA Civ 1223
A redundancy consultation means explaining the scoring to the employee and seriously considering his comments - Pinewood Repro Ltd v. Page [2010] UKEAT 0028_10_1310
The effective date of termination is not necessarily when a letter is received, but when it can reasonably be expected to have been read - Gisda Cyf v Barratt [2010] UKSC 41
For unfair dismissal length of service purposes, working under a different contract did not break continuity of employment - Hussain v Acorn Independent College Ltd [2010] UKEAT 0199_10_0809
The previous employer will be liable for victimsing his worker through a reference to a prospective employer - Bullimore v Pothecary Witham Weld Solicitors & Anor [2010] UKEAT 0189_10_2109
An employer's allegations must be spelled out. Euphemistic speech is not acceptable when disciplining or dismissing workers. - Celebi v Scolarest Compass Group UK & Ireland Ltd [2010] UKEAT 0032_10_2807
Table listing the changes to UK discrimination legislation being introduced by the Equality Act 2010
ET is allowed flexibility in deciding whether the burden of proof has shifted - Canadian Imperial Bank of Commerce v. A Beck [2010] UKEAT 0141_10_2408
The employer's ability to pay is irrelevant - Tao Herbs & Acupuncture Ltd v Jin [2010] UKEAT
An absolute contractual right of substitution undermines the possibility of worker status - Community Dental Centres Ltd v. Sultan- Darmon [2010] UKEAT 0532_09_1208
Pension loss: "simplified" and "substantial" compensatory approaches - Sibbit v The Governors of St Cuthbert's Catholic Primary School [2010] UKEAT 0070/10/ZT
TUPE: Failure to consult doesn't give an individual the right to claim unfair dismissal - Nationwide Building Society v. Benn & Ors [2010] UKEAT 0273_09_2707
Limits on Redundancy Payments affecting older workers are not Age Discrimination - Kraft Foods UK Ltd v. Hastie [2010] UKEAT 0024_10_0607
Employees must be informed of changes to collective agreement terms - Worrall v Wilmott Dixon Partnership [2010] EAT UKEAT/0521/09/DM
An employer can not plead its own irrationality in seeking to amend a compromise agreement - Gibb v Maidstone & Tunbridge Wells NHS Trust [2010] EWCA Civ 678
Time limits may be extended following wrong information from an employer (but not an adviser) - Northamptonshire County Council v Entwhistle [2010] UKEAT/0540/09/ZT
Even after the Unite decision unions must continue to careful with TULRCA compliance - British Airways Plc v Unite the Union [2010] EWCA Civ 669
A disability discrimination claim under the DDA must be for actual not perceived disability - Aitken v. The Commissioner of Police of The Metropolis [2010] UKEAT 0226_09_2106
A GP's opinion on depression is valid in an employment tribunal - J v DLA Piper UK LLP [2010] UKEAT 0263_09_1506
University and College Union (UCU)backs antisemite who incited violence against jews
Retirement and re-employment is a reasonable adjustment - Chief Constable of South Yorkshire Police v. Jelic [2010] UKEAT 0491_09_2904
Histadrut condemns violence, describes extent of cooperation with palestinian trade union Palestinian General Federation of Trade Unions (PGFTU)
Where an employer is contemplating disciplinary action the thoroughness of the investigation needs to reflect the seriousness of the consequences to a worker - Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522
Damages are not limited to the term of the breached fixed term contract (but reflect the total loss caused) - Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571
The disclosing of without prejudice communications - Woodward v Santander [2010] UKEAT/0250/09/ZT
Criterion for awarding uplifts under the Dispute Resolution Procedures - Lawless v Print Plus [2010] UKEAT/0333/09/JOJ
A local council is a single establishment thus allowing white collar workers to use manual workers as comparators - City of Edinburgh v Wilkinson & ors [2010] UKEATS/0002/09/BI
A compromise agreement can be valid even though the claimant does not understand it - McWilliam & Others v Glasgow City Council
When using the closed procedure for national security purposes the claimant must still be provided with the gist of the employer's case -
Home Office v Tariq [2010] EWCA Civ 462 An employer can not repair a fundamental breach of contract. It is up to the employee whether to resign and claim constructive unfair dismissal. - Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121
A worker can not claim constructive dismissal if he is in breach of the duty of trust and confidence - Bateman & Ors v. Asda Stores Ltd [2010] UKEAT 0221_09_1102
A worker can not claim constructive dismissal if he is in breach of the duty of trust and confidence - Aberdeen City Council v McNeill [2009] UKEAT 0037_08_1011
BA dress code forbidding the open display of faith symbols was not discriminatory - Eweida v British Airways Plc [2010] EWCA Civ 80
When deciding whether to allow an amendment the lateness of the application is only one factor to be taken into account by the employment judge - Baker v The Commissioner of Police of The Metropolis [2010] UKEAT 0201_09_0502
National courts should should strike down discriminatory legislation - Seda Kücükdeveci v Swedex GmbH & Co. KG [2010] ECJCase C-555/07
Judges restrict employers' use of the illegality defence against employee unfair dismissal claims - SAN LING CHINESE MEDICINE CENTRE v LIAN WEI JI - [2010] EAT UKEAT/0370/09/ZT
There is a right to legal representation at a disciplinary which might result in the loss of the right to practise a profession - G, R (on the application of) v X School & Ors [2010] EWCA Civ 1
Cabin crew spending 5% of their time in the UK were considered to have worked partly at an establishment in Great Britain. - BA v Mak EAT [2010] UKEAT/0055/09/SM
The 'genuine occupational requirement' rule may apply to a maximum age for employment - Wolf v Stadt Frankfurt am Main [2010] Case C-229/08 ECJ
Different dress codes do not necessarily amount to sex discrimination - Dansie v. The Commissioner of Police for The Metropolis [2009] UKEAT
Certain conditions must exist for the obligation to carry out a risk assessment for a pregnant worker to arise - ONeill v. Buckinghamshire County Council [2010] UKEAT

2009
An employment tribunal may decide if a compromise decision is unenforcable - Industrious Ltd v Horizon Recruitment Ltd & Anor [2009] UKEAT
Registrar claiming right to refuse to officiate at civil weddings loses religious discrimination case - Ladele v London Borough of Islington [2009] EWCA Civ 1357
A philosophical belief based on science is protected by the Employment Equality (Religion or Belief) Regulations 2003 - Grainger Plc v Nicholson [2009] UKEAT/0219/09/ZT
Christian counsellor who would not help same sex couples was not discriminated against - McFarlane v Relate Avon Ltd [2009] UKEAT 0106_09_3011
Under TUPE the obligation to inform always applies, even when no measures are contemplated relating to the transfer - Cable Realisations Ltd v GMB Northern [2009] UKEAT
The Court of Appeal rules on Harassment and 'Oppressive and Unacceptable' behaviour
Veakins v Kier Islington Ltd [2009] EWCA Civ 1288
For s4A(3) of the DDA to apply the employer must have known (or ought to have known) that the employee was disabled and that the disability would affect him in the manner described in section 4A(1) - DWP v Alam [2009] UKEAT 0242_09_0911
A discrimination case may not proceed on the mere possibility that evidence might emerge during cross examination - ABN Amro Management Services v Hogben [2009] UKEAT 0266_09_0111
In cases of discriminatory dismissal tribunals may reduce compensation if the worker would in any event have been dismissed - Chagger v Abbey National Plc & Anor [2009] EWCA Civ 1202
If you have a problem at work over harassment, disability, sex, age, race discrimination or bullying or are seeking compensation or reinstatement for unfair or constructive dismissal then contact workrep for an evaluation of your case. We can also advise you on equal pay, TUPE or employment status. Often an employee will come to us over a breach of contract by their employer or for issues concerning whistleblowing. If your employer has made you redundant you might in fact have been unfairly dismissed or wrongfully dismissed. If you have any other employment issues don't hesitate to contact WorkRep.
You do not need to accept being discriminated against harassed or victimised at work. If you are suffering from bullying victimisation or discrimination at work you need to contact WorkRep early on. Whatever your employment problem is, even if you have failed in your tribunal case and there is now a costs application against you we will try to help. click for further information about problems at work

Disclaimer: articles and information published by WorkRep.co.uk are for general information purposes only.  Please read the site info before using this website