Can claimants claim ET fees if their union paid?

It was blogged here that a successful claimant employee should expect to recover the fees he or she paid from the Respondent to make their claim at the Employment Tribunal (Vladimir Portnykh v Nomura International plc), pursuant to Rule 34A(2A) of the Employment Appeal Tribunal Rules 1993.

In Goldwater and ors v Sellafield Ltd, the claimant claimed that if the claimant’s trade union pays the fees, they should still be able to recover the fees.

The Employment Appeal Tribunal held that it had no power to order the respondent to pay to the successful appellants the fee paid for pursuing the appeal in circumstances where the fee was paid by the appellants’ trade union.

Rob

Deaf, hubby to Rachel, dad to Corey, Libby and Emily, Solicitor, Lecturer in Legal Practice at University of South Wales, PhD student at University of Leicester.

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