Employers will be disappointed to hear that where a claimant gives false evidence, in the form of lying to the employment tribunal, and subsequently loses their case, there will not be an automatic assumption of unreasonable conduct that could lead to a costs order being made against the claimant. 

In Kapoor –v- Governing Body of Barnhill Community School the employee, who was an exam invigilator, made claims of race discrimination, victimisation and harassment.

The employment tribunal dismissed the employee’s claims and found that her evidence was not worthy of belief, that she should not be trusted and that she had falsified certain documents.  The tribunal concluded that the claimant, in not telling the truth, had conducted herself unreasonably and she was ordered to pay £8,900.00 as a contribution towards her employer’s costs.

The Employment Appeal Tribunal overturned that decision, saying that the context, nature, gravity and effect of the lies should be taken into account.  It said that although there did not need to be a clear causal link between the lie(s) and the costs incurred, the tribunal had failed to consider these factors and, in so doing, had misdirected itself.  It sent the case back to the same tribunal asking it to reconsider the costs order.  It will be interesting to see what happens when this case is heard for a second time. 

Reggie Lloyd
01206 217347
reggie.lloyd@birkettlong.co.uk