Employment tribunal

McPherson v BNP Paribas SA CA TLR 31 March

It is unusual for an employment tribunal to make an order for costs. Under rule 14 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 (SI 2001 No 1171) the crucial question is whether, in the circumstances, a party has conducted the proceedings unreasonably and not whether the withdrawal of the claim was in itself unreasonable. There was no doubt that the claimant had conducted the proceedings unreasonably and the order that the claimant should pay the costs was upheld. The costs were not limited to those incurred by the unreasonable conduct, but included the entire costs of the application.