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HCA International Ltd v May-Bheemul - The approach to exercising the tribunal's discretion to award costs [2011] EAT

It is within an employment tribunal's discretion to make an award of costs: each application must be decided on its own facts, and there is no point of principle that an award of costs must follow if a claimant fails to establish a "central plank" of their claim.

In January 2008 Ms May-Bheemul resigned from her post as Finance Co-ordinator and claimed constructive unfair dismissal. She based her claim on a protected disclosure, denied by HCA, that her computer log-in and password had been used by others for fraudulent activities.

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