Mr K D Raza v Triguard Limited — 2024

The claimant presented his claim on 1 November 2022. The judgment records complaints of race discrimination, unlawful deductions from pay, holiday pay and disability discrimination. Those claims were later dismissed on withdrawal by the claimant by judgment sent on 11 June 2024, after he said he wished to pursue matters in another forum.

This judgment concerned the respondent’s application for a preparation time order under Rules 75, 76, 79 and 84 of the Employment Tribunal Rules 2013. The respondent said the claimant had acted vexatiously and unreasonably by delaying the case, failing to comply with directions, and not producing a statement or bundle. The tribunal reviewed the authorities it was referred to, including Gee v Shell UK Limited, McPherson v BNP Paribas, Barnsley Metropolitan Borough Council v Yerrakalva, AQ Ltd v Holden, ET Marler Ltd v Robertson, Attorney General v Barker and Dyer v Secretary of State for Employment.

The tribunal held that the claimant’s bringing of the proceedings was not shown to be vexatious or unreasonable. It accepted that his particulars identified allegations it was not unreasonable to pursue at least initially, that he was a litigant in person, and that he felt aggrieved about the treatment he said he received. However, it found his conduct of the proceedings as a whole was unreasonable: he failed to comply with orders to cooperate on a bundle and witness statements, did not engage properly with the respondent, and only sought a postponement five days before the relisted hearing while his position on withdrawal remained unclear.

The tribunal accepted that the claimant had health problems and personal pressures, but found those did not fully explain the lack of engagement. It also took into account the respondent’s unrepresented status, the time spent preparing the case, and the claimant’s limited but incompletely disclosed means. Applying an hourly rate of £25 to 8.5 hours, the tribunal ordered the claimant to pay the respondent £212.50 by way of a preparation time order.