Mr D Adams v NRCPD Sitting at: London South — 2023

This was a paper determination of the Respondent's application for costs arising out of the open preliminary hearing on 13 January 2023. The underlying claim had been presented on 13 February 2022 and included indirect disability discrimination and failure to make reasonable adjustments. The tribunal recorded that the hearing was not intended to finally determine all issues and that further case management would still be required.

The Respondent sought £1,393 inclusive of VAT for counsel's attendance, relying on Rule 76(1)(c), Rule 76(2) and, alternatively, Rule 76(1)(a) of the Employment Tribunal Rules. It said the Claimant had not particularised the pleaded PCPs or issues in advance, so the hearing could not progress effectively. The Claimant opposed the application, saying he was unrepresented when the hearing was listed, had not been given directions or a costs warning, and that the Respondent had not directly sought further particulars from him.

Employment Judge Nicklin held that none of the Rule 76 gateways was satisfied. The Claimant's request for time to prepare a list of issues was not treated as an application for postponement or adjournment, there was no identified breach of an order or practice direction, and the circumstances were not unreasonable conduct for Rule 76(1)(a). The tribunal therefore dismissed the costs application and made no award. The judgment also stated that no finding was made on disability in this costs decision.