Mr D Estephane v Barking, Havering and Redbridge University Hospitals NHS Trust — 2024

Sitting at London Central on 30 September 2024, Employment Judge Forde heard a public preliminary hearing in the claimant's second tribunal claim arising from his employment with the respondent NHS Trust between 17 November 2006 and 12 August 2012. The claimant's first claim had been struck out by Employment Judge Jones in July 2013 on the basis it had no reasonable prospects of success and the discrimination claims were out of time; appeals to the EAT and the Court of Appeal were unsuccessful, and a civil restraint order was imposed in 2017.

The judge struck out the entirety of the second claim under Employment Tribunal Rule 37(1)(a), finding that the manner in which the proceedings had been conducted was scandalous, unreasonable or vexatious. The tribunal also found that the claim offended the rule in Henderson v Henderson by raising matters that could have been raised in earlier proceedings, and that it had no reasonable prospects of success including because the claimant relied on evidence that did not yet exist.

Under rule 76(1)(a) of the 2013 rules, the tribunal exercised its discretion to make a costs order. From a costs schedule of £12,919.50 (reduced to £12,539.50 to reflect actual hearing time), the tribunal applied a 25% reduction to reflect costs not ordinarily recoverable and ordered the claimant to pay £9,500 to the respondent within 28 days. The claimant had voluntarily left the hearing before the costs application was determined.