At Trinity Chambers' recent Employment Law Conference, Employment Law barrister, Helen Hogben, delivered a session entitled:
‘A Final Comeuppance: Unreasonable Conduct and Costs’
Helen's session provides an overview of the law governing costs orders for unreasonable conduct in the Employment Tribunal, examining why costs awards remain exceptional despite the increasing volume of claims and the challenges posed by unrepresented parties.
Against this backdrop, the talk focuses on three recent 2025 Employment Appeal Tribunal decisions, Madu v Loughborough College, Leeks v University College London Hospitals NHS Foundation Trust and Willis v GWB Harthills LLP, and what they tell us about when unreasonable conduct may justify a costs order. Topics covered by Helen's talk include:
- Legal Framework - Costs orders
- Process
- Unreasonable conduct under r74(2)(a)
- Exercise of discretion and the ability to pay
There is a handout that accompanies the session. If you do not have a copy and would like one, please email lisa@trinitychambers.co.uk.
This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query.