You have lost your case and now you are faced with a costs action by the respondent(your (ex)employer).
WorkRep has compiled a costs proforma that should go a long way to defending you against this unfair practice.
The WorkRep costs proforma contains reasons and legal arguments as to why the tribunal should not award costs against you. You will however need to sift the example reasons given, and adapt and change them to suit your own case. The same goes for the legal arguments, using those you need, and deleting those not applicable to your case.
Quotations from legal cases should not be changed and need to be quoted as they are.
If you are a worker who is faced with a costs action/advice agency helping such a worker please Contact WorkRep to obtain your copy.
If you are a worker defending yourself you will need to stay in close contact with WorkRep until the proforma has been adapted to your particular circumstances. This normally takes a number of revisions.
Please note that the WorkRep Costs Proforma is free and may only be obtained through this website or an advice centre working in the voluntary sector.
The following case of Simms V McKee saw an employer penalised for making costs threats against a worker:
The following case is possibly the most extreme case of costs being awarded at an Employment Tribunal. Swingeing costs were awarded against the
Claimant. This case should not however put you off if you think you have a valid case to argue. It is only included here as an aid as to what not to do and what is not acceptable.
Disclaimer
: articles and information published by WorkRep are intended for general information purposes only. No representations or warranties of any kind, express or implied, about the completeness, accuracy or reliability of such information are made.
© Workrep 2007