Scottish Ambulance Service Board

Case Summary

The Employment Tribunal dismissed the respondent's application for wasted costs in respect of the preliminary hearing on October 24, 2022. The judge found that the claimant's lay representative acted unreasonably during the hearing.

The tribunal dismissed the respondent's application for wasted costs because, although the claimant's lay representative acted unreasonably during the preliminary hearing, this did not meet the threshold for an award of wasted costs against the claimant.

• •Did the claimant’s representative act in a way which was improper, unreasonable or negligent?
• •Did the respondent incur costs as a result of this conduct?
• •Is the claimant’s representative a “representative” under Rule 80(2)?

5 10 15 20 25 30 35 EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103197/2022 Held by CVP 13 December 2022 Employment Judge E Mannion Mrs A Lee Claimant Represented by Heather Hiram, lay representative Scottish Ambulance Service Board Respondent Represented by Greg Fletcher, Solicitor NHS Central Legal Office JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the tribunal is the respondent’s application for wasted costs is unsuccessful and so dismissed. REASONS Introduction 1. The hearing considered the respondent’s application for wasted costs in respect of the preliminary hearing scheduled for 24 October 2022. This application was made on 1 November 2022 in writing. The claimant objected E.T. Z4 (WR) 4103197/2022 Page 2 to this application in writing and a hearing was scheduled to consider the application, the objection and further legal submissions from the parties. 2. In advance of the hearing, a joint bundle of productions was prepared by the respondent and sent to the tribunal office. The claimant provided additional documents and these were also sent to the tribunal and available to the respondent. Witnesses were not called and the matter proceeded by way of submissions. Relevant law 3. Rule 80 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 provides as follows: (1 ) A tribunal may make a wasted costs order against a representative in favour of any party ("the receiving party”) where that party has incurred costs - (a) as a result of any improper, unreasonable or negligent act or omission on the part of the representative; or (b) which in light of any such act or omission occurring after they were incurred, the tribunal considers it unreasonable to expect the receiving party to pay. (2) Representa…