Mr M Storey v BT Group plc — 2024

This judgment concerns the respondent’s application for costs after the claimant withdrew his employment tribunal claims on the morning of the listed final hearing. The tribunal recorded that the claimant had brought disability discrimination claims, that the merits hearing was listed for 5 February 2024, and that the claims were dismissed upon withdrawal when he did not attend.

The tribunal found that the claimant had breached tribunal orders by failing to provide disclosure, failing to exchange witness statements and failing to attend the final hearing. It also found that, from 4 January 2024 at the latest, the claimant acted unreasonably in the way he conducted the proceedings by choosing not to prepare the case on the basis that he expected the personal injury claim to be heard first, despite being told that the tribunal hearing remained listed and that he should continue to prepare.

The tribunal further found that the withdrawal at 8.33am on the morning of the hearing was unreasonably late and caused the respondent to incur unnecessary hearing preparation costs. It did not, however, go so far as to find that the claimant had acted vexatiously or that he had brought or conducted the proceedings simply to harass the respondent. Taking account of the claimant’s ability to pay and proportionality, the tribunal summarily assessed costs at £20,000 rather than directing a detailed assessment.