The Claimant was found to have been unfairly and constructively dismissed after he resigned following his involvment in two clinical incidents concerned with the resuscitation of babies in neonatal care which led to concerns and criticisms about his abilities in that area. He was also victimised by one of the doctors there, and the result of his misleading portrayal of the Claimant's input into the investigation led him having to attend an Interim Orders Panel of the Medical Practitioners Tribunal Service - the Claimant was legally represented at all the hearings. However, at the liability hearing, the ET said that the investigation itself was not an act of victimisation and that given those findings the costs of legal representation before the Interim Orders Panel would be difficult to claim. In its remedy judgment the ET effectively reconsidered those findings and awarded compensation which reflected those legal costs (over £41,000). However, accepting that the Respondent had not understood it intended to take this course and had not made submissions upon it, the ET reconsidered the decision and revoked that part of the award. The Claimant appealed.

The EAT dismissed the appeal. The Employment Tribunal did not err in law in revoking that part of the award which required the Respondent to pay a sum to reflect the legal costs which the Claimant had incurred in defending proceedings before the Interim Orders Panel.