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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Hoddy v Pickworth & Ors [1998] UKEAT 235_98_1311 (13 November 1998) URL: http://www.bailii.org/uk/cases/UKEAT/1998/235_98_1311.html Cite as: [1998] UKEAT 235_98_1311

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APPEARANCES

 

For the Appellant	MS GREWAL (of Counsel) Principal Litigation Officer Commission For Racial Equality Elliot House 10/12 Allington Street London SW1E 5EH
For the Respondent	MR P SCHOFIELD (Representative)


 


MR JUSTICE MORISON (PRESIDENT): In this case there is an application for costs by the Company against the former employees. That application is made in connection with a cross-appeal which they would wish to advance in response to the employers appeal, part of which has been allowed to go through to a full hearing.

The cross-appeal relates to the deduction which was made from the full award which they otherwise would have received. There was an issue as to whether the cross-appellants would be entitled to adduce any evidence. I have indicated that no such evidence will be received by the Employment Appeal Tribunal on their cross-appeal and have given directions.

I have power to order costs if I am satisfied that there has been unreasonable conduct in the pursuit of an appeal or cross-appeal. I am not satisfied that there has been unreasonable conduct by the cross-appellants in this case, therefore I do not have power to make an Order, and in the exercise of my discretion in any event, I would not have made an Order. This case is somewhat messy and I have directed that it comes on as soon as possible so that justice can properly be done between the parties.