Mr S Lasdas First Respondent (“R1”): NTT DATA UK LIMITED Second Respondent (“R2”): EXPERT RESOURCE RECRUITMENT LIMITED v Respondent — 2024

This is a costs judgment following the disposal of the Claimant's substantive claims against NTT Data UK Limited (R1) and Expert Resource Recruitment Limited (R2). The Tribunal recorded that, in earlier proceedings concerning the same working arrangement, the Claimant had been found not to be an employee or worker of the relevant respondents, and that the present Tribunal likewise had no jurisdiction to determine his substantive complaints against R1 and R2 because he was not their employee or worker. The Claimant had not added the umbrella company (JSA Services Limited, trading as 'Workwell') as a respondent despite indications that Workwell was the relevant counterparty.

Employment Judge Wisby (sitting alone) considered R1's and R2's costs applications under rules 72 to 82 of the Employment Tribunal Procedure Rules 2024, applying the three-stage approach (threshold, discretion, amount) and the guidance in AQ Ltd v Holden [2012] IRLR 648 regarding litigants in person. The Judge found that the Claimant had acted unreasonably in pursuing the claim against R1 and R2 without engaging with his contractual relationship with Workwell, and identified other instances of unreasonable conduct, including correspondence on 16 February 2024 accusing the Respondents of deliberately sabotaging his ability to defend the claim.

Having considered the Claimant's financial means (including that he was in work on a day rate of £550, had approximately £20,000 in savings, paid rent of £600 per month and had substantial long-term debts), the Judge exercised her discretion to make costs orders. The Claimant was ordered to pay £4,000 (inclusive of any applicable VAT) to each of R1 and R2, against schedules of £16,500 (R1) and in excess of £20,000 (R2).