Afolayan v MRCS Ltd - Costs issues before a fresh tribunal on remission of case from EAT [2011] EAT

If so ordered by the EAT (by virtue of a case being remitted for a fresh hearing on all issues before a different tribunal) a second employment tribunal must rule upon a costs application made in respect of a party's conduct before the original tribunal, despite the inherent difficulties involved in that second tribunal obtaining the evidence and information it will need in order to do so. 

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