Costs award courtesy of Facebook!

Employers know that many employees pursue Tribunal claims simply in the hope of a nuisance pay off.  Notwithstanding the moral objection, many of those employees often get what they want because the employer simply wants to avoid the management time and financial investment of fighting the claim to a hearing – no matter how strong the case.  Having taken the decision not to make any nuisance payments one company spent considerable management time dealing with an employee’s grievance, ET1, disclosure, witness statements, subject access request and letter after letter after letter (some of which ran to 7 pages) only for the individual not to turn up to the hearing.  Despite the no show, the Judge was reluctant to make a significant costs award until a resourceful HR exec who had remained “friends” with the individual on Facebook had a quick look at her Facebook page – only to find a post from the claimant mentioning that she had flown off on holiday the previous day.  Cue a very unimpressed Judge and a substantial costs order!