Durham University and others

Case Summary

Employment Judge Jeram ruled in favor of the respondents, ordering Dr Aftab and Prof Scarpa to pay £29,535.00 in costs.

The respondents successfully defended the claim, and the tribunal ordered the claimants to pay costs of £29,535.00, indicating the claimants' conduct in pursuing the proceedings was found to be unreasonable.

• •Unreasonable conduct under Rule 76(1)(a) and (c)

Case Numbers: 2501166/2021 2501167/2021 10.5 Reserved judgment with reasons – rule 61 March 2017 1 EMPLOYMENT TRIBUNALS Claimants: 1. Dr A Aftab 2. Prof R Scarpa Respondents: 1. Durham University 2. Prof N Anbarci 3. Prof S Hart Heard at: Newcastle Employment Tribunal On: 5 January and 25 March 2024 Before: Employment Judge Jeram Representation Dr Aftab: Mr D Flood of Counsel Prof Scarpa: In person Respondents: Ms C Millns of Counsel RESERVED JUDGMENT 1. Dr Aftab shall pay the respondents £14,786.55 by way of costs. 2. Prof. Scarpa shall pay the respondents £ £14,786.55 by way of costs. REASONS The Application 1. On 12 May 2023, the respondents made an application for costs against the claimants. It was made pursuant to rule 76(1)(a), in that they alleged that the claimants had in the conduct of the proceedings acted unreasonably and also pursuant to rule 76(1)(c) on the ground that the claimant’s application for an adjournment was made on the day of the hearing, being 12 April 2023. Legal Principles Case Numbers: 2501166/2021 2501167/2021 10.5 Reserved judgment with reasons – rule 61 March 2017 2 2. Rule 76 of the Employment Tribunal Rules of Procedure 2013 (“the ET Rules”) govern the awarding of costs by the Tribunal. So far as is relevant, it provides: “76. Where a costs order or preparation time order may or shall be made (1) A Tribunal may make a costs order or a preparation time order, and shall consider whether to do so, where it considers that (a) a party (or that party’s representative) has acted vexatiously, abusively, disruptively or otherwise unreasonably in either the bringing of the proceedings (or part) or the way that the proceedings or part have been conducted; or . . (c) a hearing has been postponed or adjourned on the application of a party made less than 7 days before the date on which the relevant hearing …