Mr J Lyne v Midlands Truck & Van Limited and 2 others — 2023

This judgment concerned the claimant's application for costs after the underlying disability discrimination proceedings were resolved by COT3 shortly before the final hearing. The claimant had alleged direct disability discrimination, indirect discrimination, disability-related discrimination and harassment related to PTSD. The respondents initially did not concede disability or knowledge, later conceded impairment and knowledge at a preliminary hearing, and then made an open offer of £37,500, which the claimant accepted.

Applying rule 76 and the authorities cited, the tribunal rejected the claimant's arguments that the respondents had knowingly advanced a false reason for dismissal or had acted unreasonably in keeping disability in issue. It considered the contemporaneous emails, the claimant's impact statement, the GP evidence showing he was reported as feeling mentally well in January 2020, and Dr Mangan's report, and held that it was not unreasonable for the respondents to seek expert evidence before conceding the disability issue.

The tribunal found that the threshold for costs was met only because the respondents had failed to serve witness statements in accordance with tribunal orders and had done so only after an unless order. However, taking the matter in the round, it decided that it would not be appropriate to make a costs order on that basis alone. The claimant's application for costs was therefore dismissed, and the judgment made no substantive merits award because the underlying claims had already been settled.