Mr F Farrow v The Steiner Academy Hereford — 2024

The judgment concerned the respondent's application for costs following the claimant's repeated failures to comply with tribunal directions, attend hearings, and comply with an unless order dated 2 January 2024. The tribunal recorded that the claimant had relied on mental health as an explanation for delays and non-attendance, but had provided only limited medical evidence despite repeated opportunities.

The respondent sought costs under rules 76(1)(a), 76(1)(b), 76(1)(c), and 76(2), including a claim exceeding £15,000. The tribunal found no basis for a costs order for breach of the unless order because the claim had already been dismissed and the order was compensatory rather than punitive. It also did not find unreasonable conduct for the postponement requests, although it noted grounds for questioning some explanations and the disruption caused.

The tribunal considered that there were grounds on which a costs order could be made in relation to the late postponement requests, but declined to make one in the interests of justice. It took into account that the respondent had ultimately saved costs, the claimant's apparent mental health problems, and his stated limited means. The respondent's costs application was refused.