England: Costs order for barrister who appeared remotely at tribunal from train

England: Costs order for barrister who appeared remotely at tribunal from train

An English barrister has been hit with a £6,800 wasted costs order after trying, and failing, to appear remotely at an employment tribunal while travelling on trains in Germany.

Michael Engelhardt-Sprack was granted permission to appear remotely due to childcare commitments and as he resides in Germany, but practices in England.

The first day of the hearing was “housekeeping” including the claimant’s contested disclosure application. The respondents were represented by counsel and/ or solicitors all of whom attended in person.

Mr Engelhardt-Sprack appeared on the train wearing headphones with the noise of other passengers audible in the background. The hearing was adjourned to allow Mr Engelhardt-Sprack to find a quieter location but instead he boarded a second train where he was hit with connection issues as well as significant background noise.

Employment Judge Wedderspoon said that Mr Engelhardt-Sprack trying to represent the claimant in this way was “totally inappropriate and unprofessional” and on the basis of this “negligent conduct” he was ordered to pay £6,800 in wasted costs to the first respondent.

Mr Engelhardt-Sprack apologised to the tribunal and appeared the next day in person in Birmingham.

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