Mr A Algedawy v ABM Aviation UK Limited — 2023

This was a preliminary hearing before Employment Judge Phil Allen, sitting alone at Manchester on 1 September 2023, listed to determine whether the claimant had the two years' continuous service required to pursue an unfair dismissal claim against ABM Aviation UK Limited, and to deal with case management. The respondent applied to strike out the claim. The judge found that the claimant had not complied with the case management orders made by Employment Judge Martin on 17 May 2023: he had not listed or provided copies of documents he wished to rely on, had served his witness statement only at around 9 am on the morning of the hearing, and had provided further information about the religion discrimination claim late.

The judge held that the claimant's conduct in preparing for the hearing was unreasonable and that a fair hearing of the continuity issue was not possible that day. Exercising the discretion under rules 37(1)(b) and 37(1)(c) of the Employment Tribunal Rules of Procedure 2013, and having regard to proportionality and the overriding objective, the judge struck out the unfair dismissal claim. The respondent's application to strike out the religion discrimination claim was refused, so that claim continues.

The respondent then applied for costs of GBP 2,450 under rules 76, 78 and 84. The judge found the claimant had acted unreasonably in the conduct of the proceedings, but declined to award costs on the alternative ground that the continuity argument had no reasonable prospect of success. Taking into account the claimant's limited ability to pay and that the costs sought were not all attributable to the unreasonable conduct, the judge made a costs order against the claimant in the amount of GBP 1,000, payable to the respondent.