Mr. E. Mullen v Omnes Healthcare Limited — 2022

The claimant brought a wrongful dismissal claim against Omnes Healthcare Limited. At a preliminary hearing on 9 March 2022 he accepted that he had received one week’s pay in lieu of notice, but said he intended to apply to amend the claim. The tribunal ordered any amendment application to be filed by 28 March 2022, but none was made.

A further preliminary hearing was listed for 22 April 2022 to determine any amendment application and to list the case for final hearing. The claimant did not engage with the respondent’s representative and did not attend that hearing. The tribunal proceeded in his absence and struck out the claim on the basis that it had not been actively pursued and had no reasonable prospect of success.

After judgment, the respondent applied for its costs. The tribunal recorded that costs in the Employment Tribunal are the exception rather than the rule, referred to rule 76 and rule 84 of the Employment Tribunals Rules of Procedure 2013, and cited Yerrakalva, Oni and Keskar. It held that rule 76(1)(b) was engaged because the claim had no reasonable prospects of success, noted that the respondent had claimed 28 hours at £60 per hour, and awarded costs of £1,680 payable by the claimant. Because the claimant did not respond, the tribunal did not take his means into account.