Mrs. S Wignarajah v John Lewis plc — 2024

This is a costs judgment issued by Employment Judge Cawthray following the Claimant's withdrawal, on 13 November 2023, of her unlawful deduction from wages claim against John Lewis PLC. The Respondent had maintained throughout that the Tribunal lacked jurisdiction under section 14(1)(a) of the Employment Rights Act 1996 because the disputed payments were overpayments it was seeking to recover, and it had issued costs warning letters on 28 October 2022 and 1 November 2023. The Claimant, who was unrepresented until the Free Representation Unit took her case on 26 January 2023, withdrew the claim the day before the scheduled two-day final hearing.

The Judge found that Rules 76(1)(a) and 76(1)(b) of the Employment Tribunal Rules were engaged, concluding that the Claimant had acted unreasonably and vexatiously in bringing and continuing the claim and that the claim had no reasonable prospect of success. The Judge noted that a proper consideration of the Claimant's position, including by her representative on appointment, should have led to the view that the claim could not succeed, and that the matter was not a complex discrimination case but concerned money said to be owed. The Judge declined to determine the application under Rule 76(1)(c) regarding postponement, given the other grounds were clearly engaged.

In exercising discretion on amount, the Judge took into account the Claimant's limited means (noting she had since been dismissed and was working two part-time jobs, with modest income and no assets or savings), the fact that costs are exceptional and not punitive, and that the Claimant had originally been a litigant in person. Applying a broad-brush summary assessment, the Judge ordered the Claimant to pay £500 to the Respondent as a contribution to costs, a small proportion of the Respondent's schedule of £12,937.50 inclusive of VAT.