Jilley v Birmingham & Solihull Mental Health NHS Trust and Others - When making an order for costs tribunals should consider whether to take account of ability to pay  EAT
Ms Jilley brought discrimination claims against the Trust. She not only lost but the employment tribunal considered that she had been unreasonable and even vexatious and malicious in bringing the claims. Accordingly it ordered costs against her, to be assessed in detail by the County Court. The order when made was for her to pay all the Trust's costs, in excess of £60,000, despite her limited means. She appealed.