Biggart Baillie Client Wins First Ever Maximum Expenses Awarded By Scottish Employment Tribunal
16th June 2008
Biggart Baillie LLP solicitor Jessel Gair recently made the first ever successful application to a Scottish Employment Tribunal to grant the maximum award of expenses. This signals a greater harmonisation of Tribunal practices north and south of the border.
The Claimant, Tony Child, had complained that he had been unfairly dismissed for whistle blowing by his former employers, Dumfries and Galloway Council. The Council, represented by Jessel Gair of Biggart Baillie LLP, said he was dismissed for making malicious allegations of bullying and harassment against former colleagues. The Claimant then made a series of serious and defamatory allegations about a Council Department in the course of the Tribunal proceedings. He was representing himself at the Tribunal when he abandoned his case on the fifth day, following completion of the Council evidence and prior to giving his own evidence. He told the Tribunal Judge that he was withdrawing all the allegations, saying that he had lost his job and his reputation, and offered his "humble apologies" to the Tribunal. He offered, as a gesture of goodwill towards the Council, to publish a letter in the local papers stating that, on reflection, his claim against them was misguided.
Whilst costs (expenses) awards against parties are common in England, they remain relatively rare in Scotland. Scottish Tribunals have taken a cautious approach so that individuals with legitimate claims should not be discouraged from pursuing them. Tribunal rules limit costs/expenses to £10,000. The Tribunal Judge in this case concluded the Claimant had acted vexatiously or unreasonably or his conduct of the proceedings had been misconceived and he was ordered to pay the maximum expenses of £10,000.
For more information, please contact:
Glasgow: Paul Brown or Michael McLaughlin - tel: 0141 228 8000
Edinburgh: Alan Strain - tel: 0131 226 5541
The information contained in this article is given for general information only and does not constitute legal advice on any specific matter.