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Sims Ltd v McKee - Costs: what's sauce for the goose is sauce for the gander [2006] EAT

The EAT awarded costs against an employer which had appealed against a tribunal's decision to allow an employee to make an unfair dismissal claim out of time. An important factor in the EAT's decision to award costs was that the employer stated (in its ET3 response form) that IT intended to apply for costs.

The EAT indicated that as they had threatened to apply for costs if they won "the employers can have little complaint at being ordered to pay the costs of this appeal" (para 29).

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