Claimant v Mr M Hengst and Others — 2023

This decision concerned the respondents' application dated 26 April 2023 for reconsideration of the tribunal's costs order dated 21 April 2023. The tribunal dealt with the matter on the papers, noting that it was also the parties' view that no hearing was required. It considered the Employment Tribunal Rules of Procedure, including the reconsideration and costs provisions, together with the Case Management Order of 16 March 2023 and the parties' later correspondence.

The tribunal accepted that the earlier Case Management Order had not used the word "unreasonable", but said that was not determinative. It found that the respondents' conduct had been inadequate in a number of areas and that this amounted to unreasonable conduct for the purposes of Rule 76(1)(a). The tribunal also found that, had the respondents acted reasonably and taken more urgent and meaningful steps, additional costs would have been avoided. It therefore rejected the respondents' application for reconsideration of the costs order.

The claimant then sought an additional costs award in relation to the reconsideration application. The tribunal held that it was not unreasonable for the respondents to apply for reconsideration or to send additional information by correspondence on 9 May 2023, describing that as part of normal litigation procedure. On that basis it declined to exercise its discretion under Rule 76.4 and rejected the claimant's further application for a costs award.