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Tribunal procedure: Costs order should take no account of trade union's means

This report relates to 1 case(s)

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    Omar v Worldwide News Inc t/a United Press International [1998] IRLR 291 EAT (0 other reports)

An employment tribunal was not entitled to take into account the means of the trade union representing the applicant in unfair dismissal proceedings in making a costs order against him, holds the EAT in Omar v Worldwide News Inc t/a United Press International [1998] IRLR 291. It would have been appropriate to do this only in exceptional circumstances, and in this case the trade union had not acted in any way improperly in representing the employee or in its conduct of the proceedings. The tribunal could be entitled, however, to make a costs order against the applicant, based on his personal financial means, in the light of its finding that he had fabricated evidence.