Growcott v Glaze Auto Parts Ltd - Costs order for unreasonably pursuing claim after costs warning letter  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  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.