Human Capital (Employment) - Review

    View Author May 2009

    Careless Talk, Costs, Lies

    In Daleside Nursing Home v Mathew the Employment Appeal Tribunal decided earlier this year that an Employment Tribunal should have considered a costs award on the grounds of unreasonable behaviour against a Claimant found to have lied about a central plank of her allegations. Logical enough in principle, perhaps, but could it be the thin end of a disconcertingly large wedge? Surely almost any Employment Tribunal claim involves issues of fact where it is the Tribunal's job to make a finding one way or the other? Surely a party whose assertions are not believed has necessarily been found to be lying and so is exposed on costs? The EAT said that "we have approached this Appeal on the basis of the particular clear-cut facts of this case and…nothing that we say is intended to set out any more general statement of legal principle". Here we will consider whether Daleside is actually either as wide as it first appears or as narrow as the EAT seems to wish.

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