Shafia Saeed v Reed Specialist Recruitment — 2022

The claimant was engaged by Reed Specialist Recruitment Limited as a PPI case handler from 1 October 2018 to 16 October 2018. She presented her tribunal claim on 9 March 2022 after early conciliation between 25 February 2022 and 28 February 2022. The claim form and appendices advanced race and religion or belief discrimination complaints together with a claim for arrears of pay, and the claimant stated that she had earned £110 per day gross. The tribunal observed that, on the face of the material before it, she appeared to have been aware of the facts underlying her complaints at the time they arose and that she accepted the claim was brought well before it was issued.

In considering the respondent's costs application, the tribunal held that the claims had no reasonable prospect of success because the delay in presenting them was about 3.5 years and there was no realistic basis for extending time on either a just and equitable or reasonably practicable basis. The tribunal also found that the claimant's conduct in engaging in the litigation only until the respondent filed a detailed response, and then failing to engage further, was unreasonable. It noted that she did not attend the 11 July 2022 preliminary hearing, did not comply with the unless order requiring her to explain her absence and confirm whether she was actively pursuing the claims, and did not respond to the respondent's costs correspondence or the tribunal's request for comments.

The tribunal exercised its discretion to make a costs order in the respondent's favour. It awarded £500, being the counsel's fees for attending the second hearing, and made no VAT award because it was not satisfied that the respondent could not recover that element against its VAT liability as a whole. In assessing amount, the tribunal noted the claimant's prior earning capacity and found the net sum sought to be within her grasp to discharge within a reasonable period of time.