||All England Reporter
|| All ER (D) 165 (May)
||Employment Appeal Tribunal
||The employee appeared by his representative.
||The employer did not appear and was not represented.
||23 January 2009
Costs - Employment tribunal - Unreasonable conduct of proceedings - Judge making costs order - Employee accepting judge not having before her material as to employee's expenses or liabilities - Whether new point should be raised on appeal - Whether tribunal failing to state whether she had considered paying party's ability to pay - Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, 1, r 41.
Costs Employment tribunal. Employment Appeal Tribunal: Applying established law, the court ruled that the discretion to allow a new point to be raised on appeal was a discretion that should only be exercised in exceptional circumstances and for compelling reasons, particularly if the new point would necessitate the case being remitted to the tribunal to hear further evidence. In the instant case, the employee had sought to raise a new point of law which would require additional evidence. It could not be said that the instant circumstances were exceptional. Accordingly, the employee's appeal against a decision of the employment tribunal to award the employer costs of proceedings concerning unfair dismissal and sex discrimination, which were withdrawn, was dismissed.
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