Legal advice is relevant to a costs order against an unreasonable claimant (Brooks v Nottingham University Hospitals NHS Trust)

Table of contents

• What are the practical implications of this decision?
• What is the relevant background?
• Relevant law
• Background facts
• The decision of the employment tribunal
• What did the EAT decide?
• Case details

Article summary

Employment analysis: When considering whether to make a costs order against an claimant who is held to have unreasonably pursued claims that had no reasonable prospect of success, an employment tribunal can take account of positive legal advice received by that claimant. However, such advice will not necessarily insulate that claimant against a costs order being made against them. It is reasonable for a tribunal to assume that a legally represented client has been properly and clearly advised as to any weaknesses in their case and any risk of an adverse costs order, according to the Employment Appeal Tribunal.