Mr. G Greco and v Vinci Construction SITTING AT: London Central — 2024

The London claim was presented on 9 October 2023 and appeared to be out of time. It was a race-related harassment claim, and after the claimant obtained representation on 29 December 2023, a separate Watford claim was submitted to include the original allegation and later allegations. The parties then corresponded about whether the 12 February 2024 preliminary hearing should be vacated or stayed while the Watford claim was processed, but the respondent opposed that course and wanted the hearing to proceed.

The claimant served his witness statement on 3 February 2024, 15 days late, saying the delay was intended to save time and expense while the Watford claim was being progressed. He withdrew the London claim on 7 February 2024 after receiving confirmation from the Watford Tribunal that the claim had been referred to a Legal Officer for directions. The respondent sought £8,102 in costs after a concession, but the tribunal held that no rule 80 wasted costs application had been made and rejected the submission that Edwards v London Borough of Sutton required an amendment application rather than the filing of a fresh ET1.

The tribunal found that the claimant's attempts to seek a stay and to await the processing of the Watford claim were not unreasonable and did not amount to abuse of process. The only unreasonable conduct identified was the late service of the witness statement, but the tribunal held that this was a delay only, that it did not prevent preparation for the preliminary hearing, and that any effect was limited to some additional correspondence. Taking account of the claimant's limited means and the fact that costs are compensatory rather than punitive, the tribunal refused to exercise its discretion to award costs and refused the application.