unreasonable conduct
📖 What is unreasonable conduct? Meaning and definition
Unreasonable conduct in legal proceedings, particularly in tribunals, means that a party has acted in a way that is not fair or sensible when judged against an objective standard. This can include failing to follow tribunal orders, not actively pursuing a claim, or advancing a case that is clearly without merit. The nature, seriousness, and effect of the conduct are important factors when a tribunal considers whether it was unreasonable.
When a party is found to have engaged in unreasonable conduct, the tribunal has powers to address this. For instance, a claim or parts of it might be 'struck out', meaning it is dismissed. Another common consequence is an order for costs, where the party who behaved unreasonably is ordered to pay some or all of the other party's legal expenses incurred because of that conduct. The tribunal can order payment for the whole or part of the costs, and there isn't always a need to prove a direct causal link between the specific conduct and every single cost incurred.
Examples of unreasonable conduct include making no attempt to contact the opposing party or the tribunal for an extended period, or bringing a case where there is ample evidence against it, making its utility questionable. The tribunal will assess the behaviour objectively to determine if it meets the threshold for unreasonable conduct, which can have significant financial and procedural implications for the parties involved.
📋 Requirements
- The conduct must be objectively unreasonable.
- It can involve non-compliance with tribunal orders.
- Failure to actively pursue a claim can be considered unreasonable conduct.
- Advancing a case that is clearly without merit or practical utility.
- The nature, seriousness, and effect of the conduct are important factors for consideration.
📝 Procedure
- A party applies for costs or for a claim to be struck out based on alleged unreasonable conduct.
- The tribunal lists a hearing to determine whether the claim should be struck out or if costs should be awarded.
- An Employment Judge or Tribunal considers whether the applicant has acted unreasonably, applying an objective standard.
- The tribunal may consider any application for costs arising out of the need to postpone a hearing due to the conduct.
- The tribunal decides whether to strike out the claim, or parts of it, and/or make an order for payment of costs.
💡 Examples
- A claimant making no attempt to contact the respondent or the Tribunal for many months before a hearing, apart from a single communication the day before, could be seen as unreasonable conduct.
- A party advancing an entire case where there was ample evidence of disrepair and it was obvious that the value of a set-off would easily extinguish the potential liability, suggesting the case lacked merit.
- A claimant failing to comply with a tribunal order and not actively pursuing their claim, leading to a preliminary hearing to consider striking out the claim for unreasonable conduct.
- A party bringing a claim for holiday pay where they were already taking annual leave for bank holidays and working Saturdays, which the tribunal might view as lacking a sound basis.
❓ Frequently asked questions
What does 'unreasonable conduct' mean in a legal case?
It means one party has behaved in a way that is not fair or sensible, judged by an objective standard. This could include not following court rules or pursuing a case that clearly has no chance of success.
What happens if a tribunal decides my conduct was unreasonable?
The tribunal might 'strike out' your claim, meaning it's dismissed, or order you to pay some or all of the other party's legal costs. The seriousness of your conduct will influence the outcome.
Do I have to prove a direct link between the unreasonable conduct and the costs incurred?
No, the tribunal does not always require a direct causal connection to be established between the unreasonable conduct and every single cost incurred when making a costs order.
Can not contacting the other side be considered unreasonable conduct?
Yes, failing to communicate with the other party or the tribunal for an extended period, especially before a hearing, can be seen as unreasonable conduct.
Is advancing a weak case always unreasonable conduct?
If a case is advanced despite ample evidence against it, or if it has no practical use, a tribunal might consider it unreasonable conduct, especially if it causes unnecessary costs or delays.