Barnsley Metropolitan Borough Council v Yerrakalva - costs awards and the "whole picture" of what happened in the case

If a claimant is guilty of unreasonable behaviour in proceedings, that gives an employment tribunal jurisdiction to consider costs. However, it must look at "the whole picture" and ask whether there has been unreasonable conduct by the claimant in bringing and conducting the case and, in doing so, identify the conduct, what was unreasonable about it and what effects it had. If the respondent has also behaved unreasonably, that will be a factor making it inappropriate to award 100% of its costs.

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