Friday, 29 May 2009


A decision handed down recently by the Employment Appeal Tribunal (EAT) could mean that claimants found to be telling lies may soon find themselves having to meet tribunal costs.

Tim Jones, head of Higgs & Sons’ employment team, says the findings could be good news for the region’s employers.

“The EAT handed down its decision in the case of Daleside Nursing Home v Matthew, in which the claimant alleged that her manager had called her names, which could have amounted to racial discrimination. The tribunal concluded that the claimant was lying but declined to make a costs order on the basis that she had a genuine belief in her claim and had not acted unreasonably.

“Now the EAT has said the tribunal should have come to the conclusion that the claimant had acted unreasonably in bringing and conducting the proceedings, and the tribunal was therefore wrong in law to reject the claim for costs on that basis.

“Costs are not often ordered but this case suggests that if the claimant is proven to be lying over allegations of discrimination then a costs order should be made - good news for any of the region’s employers who find themselves in tribunal facing a frivolous claim which they know has no merit.”

For more information about Higgs’ employment department contact Tim Jones on 01384 342100.

Higgs & Sons operates from three locations; Brierley Hill, Stourbridge and Kingswinford. The firm is one of the largest in the Black Country.

Further information:
Hazel Crawford-Upton
Connect PR
Tel: 01902 714957 Email:

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