Sutton v The Ranch Ltd - Costs [2006] EAT

The EAT dismissed an appeal brought by an employee seeking costs for the failure of the employers to submit a response to his claim.

The EAT  held that Rule 38(4) of the ET Rules of Procedure only allows for a costs order to be made in cases where a response has not been accepted.  It  did not apply in this case because the employer had not played any part in the proceedings.

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