The EAT has held that a group of successful claimants were entitled to recover the tribunal issue and hearing fees which had been paid by their union (Legge and others v Prestige Homecare Ltd). On the face of it, this appears inconsistent with the earlier EAT decision of Goldwater v Sellafield Ltd in which it was held that a fee paid by a trade union was not recoverable. However, in Goldwater there was no obligation on the claimants to repay to the union the sums it had paid out in the event they won the case. In the present case, there was a clear repayment obligation if the claim was won. As such, the fees could properly be said to have been “paid by” the claimants and could be included in the costs order.