Growcott v Glaze Auto Parts Ltd - Costs order for unreasonably pursuing claim after costs warning letter [2012] EAT

It is a question of fact and discretion for an employment tribunal to make a costs award against a claimant who unreasonably persists in a claim after receipt of a 'costs warning letter'.

Mrs Growcott, a delivery driver for Glaze Auto Parts Ltd, was dismissed for using abusive language to the employees of a major customer of Glaze. She brought a claim for unfair dismissal. The tribunal, applying British Home Stores Ltd v Burchell [1978] IRLR 379, concluded that there had been a reasonable investigation, genuine belief of the misconduct and that the dismissal fell within the band of reasonable responses: therefore the dismissal was fair.

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