Groundworker awarded costs after employer's abusive conduct at tribunal
A groundworker who was unfairly dismissed has been awarded over £5,000 in costs after the employer's abusive and disruptive behaviour during proceedings. The tribunal found the conduct was unreasonable and warranted a costs order.
1 min read · Last updated 18 May 2026
Case details
- #groundworker
- #self-employed-status
- #abusive-conduct
- #costs-order
- #remedy-hearing
Key facts
- The claimant was a groundworker at the respondents' sites.
- The respondents asserted the claimant was self-employed, but the tribunal found he was an employee.
- The fourth respondent, Mr Morgan, acted abusively and disruptively during proceedings.
- The respondents' appeal was found totally without merit by the EAT.
- The respondents failed to pay sums awarded in the liability judgment.
- The tribunal ordered costs against the respondents for unreasonable conduct.
Timeline
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Liability hearing
Employment Judge Kurrein heard the case. Respondents served witness statements late and Mr Morgan acted disruptively.
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Liability judgment
Reserved judgment upheld claimant's complaints against Mr Morgan, awarding £13,374.50 for certain complaints, with remedy for unfair dismissal to be determined later.
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Judgment sent to parties
Liability judgment entered into Register.
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Notice of appeal
Respondents appealed to the EAT.
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EAT order
Mr Justice Cavanagh ordered the appeal was totally without merit.
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Costs application
Claimant emailed costs application to tribunal.
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Remedy and costs hearing
Employment Judge Tynan heard remedy and costs. Mr Morgan continued abusive conduct.
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Costs judgment
Tribunal ordered respondents to pay claimant's costs of the remedy hearing.
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Remedy judgment and reconsideration refusal
Tribunal awarded basic award £2,362.50 and compensatory award £2,692.65. Reconsideration application refused.
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Final costs assessment
Costs assessed at £5,200 plus VAT.
The legal issue
The tribunal had to decide whether the respondents should pay the claimant's costs of the remedy hearing due to their abusive, disruptive, or unreasonable conduct in the proceedings.
The outcome
The tribunal granted the claimant's application for costs, ordering the respondents to pay the costs of the remedy hearing on 29 June 2022, including preparation costs.
Key reasons:
- The respondents' conduct throughout the proceedings was unreasonable, including abusive language towards the tribunal and baseless allegations of bias.
- The respondents' appeal was found to be totally without merit by the Employment Appeal Tribunal.
- The respondents had been on notice of the costs application since February 2022 and had ample opportunity to prepare.
Compensation breakdown:
- Basic award: £2,362.50
- Compensatory award: £2,692.65
- Total damages: £5,055.15
- Costs of remedy hearing: £5,200 plus VAT (to be assessed if not agreed)
Lessons & takeaways
- If you are representing yourself, avoid abusive or disruptive behaviour at tribunal – it can lead to a costs order against you.
- Costs can be awarded if a party acts unreasonably, such as making baseless allegations of bias or pursuing a hopeless appeal.
- Keep records of all communications – the tribunal may rely on email receipts to show a party was notified of a costs application.
- Even if you believe the tribunal is biased, you need evidence to support that claim; otherwise, it may be seen as unreasonable conduct.
This case shows how a claimant's victory can be undermined if the losing party refuses to accept the outcome and engages in abusive conduct. The groundworker had already won his unfair dismissal claim, but the respondents – particularly the fourth respondent, Mr Morgan – continued to make baseless allegations of bias and used offensive language towards the tribunal. This behaviour led to a separate costs order, adding to the financial consequences for the respondents.
What the respondents did wrong
The respondents' conduct went beyond mere disagreement with the decision. They described the original employment judge as a 'bigoted, twisted, contradictory parasite' and made similar allegations against the judge hearing the remedy application. The Employment Appeal Tribunal had already dismissed their appeal as 'totally without merit', yet they persisted. The tribunal found this behaviour was unreasonable and fell squarely within the rules that allow costs to be awarded.
Why this matters for similar claims
This case is a reminder that tribunals have powers to penalise unreasonable conduct, even if the party is acting in person. For claimants, it shows that you can seek costs if the other side behaves abusively or disruptively. For respondents, it highlights the risks of refusing to accept a tribunal's decision and making unfounded allegations. The key takeaway is that the tribunal process requires respect – and those who cross that line may end up paying more than just the original award.
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