NHS Trust Wins Costs After Claimant's Appeal Deemed Unreasonable
An NHS Trust has been awarded costs following an Employment Appeal Tribunal hearing where the claimant's appeal was deemed unreasonable.
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NHS Trust Secures Costs in Employment Appeal Tribunal
Central and North West London NHS Foundation Trust has successfully had an appeal against its favour overturned, securing a costs order against the claimant, Mr Nalamolu Brahmaiah.
The Employment Appeal Tribunal (EAT) allowed the NHS Trust's appeal, remitting the case back to the Employment Tribunal. This followed a concession from the Trust that Mr Brahmaiah had not been given a proper opportunity to be heard regarding an extension of time for the Trust to submit its ET3 response form. The original ET3 was submitted late, and Mr Brahmaiah had applied for default judgment.
However, the EAT ruled that Mr Brahmaiah's subsequent actions and proposals were "misconceived and unreasonable." He had refused to agree to the Trust's offer to allow the appeal and remit the case for a fresh hearing, instead pushing for a default judgment to be granted by the EAT and seeking further unrelated orders such as time off work and costs.
His Honour Judge Shanks noted that Mr Brahmaiah's position had given rise to an unnecessary hearing. He stated that the EAT could not grant the specific orders Mr Brahmaiah sought and that his pursuit of them was "hopeless."
The judge also highlighted the significant procedural delays in the case, stating the appeal had been subject to "appalling procedural delays." Despite the Trust's attempts to resolve the matter amicably, including offering a proposed order and outlining potential costs of £1,500 plus VAT, Mr Brahmaiah did not cooperate.
In his judgment, His Honour Judge Shanks stated that the respondents (the NHS Trust) had clearly met the test under rule 34A of the Employment Appeal Tribunal Rules, as Mr Brahmaiah's proceedings were unnecessary and misconceived, and he had engaged in other unreasonable conduct.
Consequently, Mr Brahmaiah was ordered to pay the Trust £1,800 in costs. The judge concluded that the matter could have been avoided entirely, saving time and resources for both the EAT and the NHS Trust.
The appeal was allowed, and the original issue of the ET3 extension and default judgment is to be reheard by a different Employment Judge, ensuring Mr Brahmaiah is given a proper opportunity to be heard.
Read the entire judgment here: Mr N Brahmaiah v Central and North West London NHS Foundation Trust [2025] EAT 192
