Podcast Location:
Download it here [file size: 24.9 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to discuss the key rules that pertain to the costs regime in the Employment Tribunals in particular the rules set out in the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861). The podcast also examines recent cases that demonstrate these rules in practice.

Outcomes:
After completing the course you will:
  • Know what the basis of the costs regime in the Employment Tribunals;
  • Know what costs orders a tribunal can make;
  • Know what parties ought to consider when an ET case is transferred to the county court;
  • Know in what circumstances the tribunal can award costs under rule 40 of the ET procedure rules;
  • Understand whether the costs application needs to be made at the end of the hearing;
  • Know the possible effect of a settlement offer in the ET;
  • Know what claimants can do to protect themselves when refusing settlement offers that appear reasonable;
  • Understand the relevance of costs warning letters;
  • Know the issues surrounding the case of Daleside Nursing Home Limited v Mathew;
  • Know the difference between a claim that is misconceived and the other grounds of acting vexatiously, abusively, disruptively or otherwise unreasonably;
  • Understand the Rules regarding adjournments and postponements discussed in Rule 40 subsections (2) and (3);
  • Appreciate the importance of deposit orders;
  • Know what Preparation Time Orders are;
  • Understand the possible future reforms to the costs rules;
  • Know how the government proposes to encourage settlements.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Introduction
Practical Guide
Procedural
Sources and References:
  • Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861);
  • Kopel v Safeway Stores PLC [2003] IRLR 753;
  • Ms Power v Panasonic (UK) Limited UKEAT/0439/04/RN;
  • Ms Salinas v Bear Stearns International Holdings Inc UKEAT/0596/04/DM;
  • Daleside Nursing Home Limited v Mathew EAT/0519/08;
  • McPherson v BNP Paribas [2004] EWCA Civ 569;
  • Mrs Yerrakalva v Barnsley Metropolitan Borough Council UKEAT/0231/10/RN;
  • Lodwick v London Borough of Southwark [2004] ICR 884;
  • NPower Yorkshire Ltd v Daly EAT/0842/04;
  • Verma v Harrogate NHS Trust 2009 UKEAT 0155.

In this CPDcast Timothy Brown, a barrister at 13 Kings Bench Walk, discusses the costs regime in the Employment Tribunals and the key case law that has stemmed from it.

Podcast last reviewed: 2012-05-28

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