Costs awards are rare in the Employment Tribunal. Costs awards against ‘Litigants in Person’ (people who represent themselves) are even more unusual as they are not held to the same standard as those who are receiving legal advice.

However, in the case of Liddington v 2gether NHS Foundation Trust UKEAT/0002/16 the Employment Appeal Tribunal awarded costs against Ms Liddington, who was representing herself, for failing to adequately particularise her claims despite having had numerous opportunities to rectify them.

Whilst it was recognised that the standard of pleadings expected of a lawyer would not apply to a litigant in person the Claimant should have been able to articulate her complaints in laypersons terms and her repeated failures to do so were in the EAT’s opinion unreasonable entitling the Respondent to costs against her.