Posted by Gemma Ospedale, Partner
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Fee can only be awarded if Appellant has actually paid it
This decision considers the ability of the EAT to order that the successful Appellant has its fees paid by the Respondent. Goldwater and others v Sellafield Limited considered the wording of the relevant EAT rule in respect of the facility to order that fees be repaid to an Appellant by a Respondent where the Appellant’s appeal is successful. It is held that where the fee is in fact paid by the Trade Union, the EAT has no power to order that the Respondent pay the fee because the wording of the Rule specifically provides that the fee must have been paid by the Appellants themselves and not on their behalf. Worth noting if acting for Respondents where the Appellants are represented by Unions – check whether the Unions or the Appellants have actually paid the fee and hope it’s the Unions!
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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