Mr GT Chapwanya, solicitor For the First v Dr Mavaza, legal representative For the Second Respondent – Mr Hillary Chindodo, Board of Trustees Mr Joshua Chigorimbo Board of Trustees. Attending — 2022

This was a preliminary hearing concerning the claimant's application that the First Respondent be ordered to pay costs of £3,987.50 plus VAT following the tribunal's determination on 31 January 2022 that the First Respondent's response had not been presented in time and that no extension would be granted. The claimant argued that costs should follow the cause in light of what was said to be the First Respondent's unreasonable conduct of the proceedings, particularly in relation to hearings on 15 December 2021 and 31 January 2022.

Employment Judge Dean refused the application. The judge reminded the parties that costs in the Employment Tribunal are the exception rather than the rule and do not follow the cause. The judge found that the First Respondent's failure to present a response in the prescribed form, and the postponement of the 15 December 2021 hearing (which was attributable to Dr Mavaza's ill health following a Covid-19 booster vaccine and his late instruction), did not amount to vexatious, abusive, disruptive or otherwise unreasonable conduct within Rule 76(1)(a), (b) or (c). The proposed defence was not without reasonable prospect of success.