Mr A M Choudhry v DL Insurance Services Limited — 2022

The judgment concerned the respondent's costs application, not a final liability determination. The claimant had brought disability discrimination, overtime pay and holiday pay claims, and had sought to add further claims including notice pay and additional disability discrimination claims. The respondent conceded holiday pay and paid one week's notice pay without an order or judgment. The claimant later withdrew the remaining claim, so there was no final judgment on liability.

The tribunal rejected parts of the respondent's costs application concerning the first final hearing and did not find sufficient evidence that the claimant had made threatening calls to a respondent witness. It also did not accept that the claimant's claims had no reasonable prospects of success, noting in particular the fact-sensitive nature of the discrimination claims and that oral evidence had not been heard.

The tribunal found that the claimant had conducted proceedings unreasonably in relation to the second final hearing, including by attempting to mislead the tribunal about having had COVID, failing to make clear that he did not have internet access at home for a CVP hearing, making late disclosure and amendment requests, and not making adequate arrangements for support during the hearing. Taking account of the claimant's means, including equity in his property, the tribunal ordered him to pay £10,200 as a contribution to the respondent's costs incurred from 9 April 2021.