Mr B. Amunwa - Counsel For the v Mr P. Oldham K.C. – Counsel Case No.1303012/2022 2 J U D G M E N T and 6 others — 2024

The Claimant, employed by the Respondent since January 2017 as Head of Public Sector Land, issued a claim on 22 June 2022 for breach of contract and unlawful deduction from wages, the latter said to concern monies owed under the Standard Pay Award. The breach of contract claim was withdrawn on 10 September 2022 after the Claimant received advice from counsel; the deductions claim was withdrawn on 14 December 2022, the Claimant indicating he wished to reserve his right to pursue the matter in the civil courts. The Respondent then applied for the claims to be dismissed upon withdrawal and for the Claimant to pay its costs.

Employment Judge Algazy K.C. refused both applications. On the dismissal application, the Tribunal preserved the Claimant's stated intention to pursue the matter elsewhere. On costs, the Tribunal addressed rules 76(1)(a) (unreasonable or vexatious conduct) and 76(1)(b) (no reasonable prospect of success). The judge held that, while the breach of contract claim could not have proceeded on jurisdictional grounds, the position of the deductions claim was more nuanced and the Claimant's tactical withdrawal did not satisfy the "no reasonable prospect" threshold. The Claimant's conduct in promptly withdrawing both claims on receipt of legal advice was not found to be unreasonable or vexatious.

Even if the costs jurisdiction had been engaged, the judge stated he would have declined to exercise his discretion to make an award at the second stage, having regard to the chronology of advice received, the timing of the Respondent's costs warnings, and the Claimant's status as a litigant in person during the initial stages. Both of the Respondent's applications were accordingly dismissed.