Mr P Marshall v Your Homes Newcastle Limited — 2022

This was a costs application arising out of the claimant's holiday and bank-holiday dispute, which the tribunal treated as an unlawful deduction from wages claim. The judgment records that the ET1 said the claimant was owed holiday pay based on an entitlement to eight bank holidays, later reduced by the respondent to 5.5, and that the tribunal had repeatedly explained that the case was not being pursued as a breach of contract claim or as a Working Time Regulations holiday pay claim. At the 9 March 2022 hearing the claimant said he wished to withdraw and pursue County Court proceedings; an unless order then required him to confirm by 4 May 2022 that County Court proceedings had been issued, and the claims were dismissed automatically when he did not comply.

The respondent sought a costs order of £3,400 under Rule 76, relying on alleged unreasonable conduct, no reasonable prospect of success and adjournments. The tribunal extended time for the application under Rule 5, but dismissed it. It held that the claimant, as a litigant in person with limited access to advice, was not responsible for the adjournments, that the claims were not 'totally hopeless' even if they may have been brought in the wrong forum, and that the claimant's decision to withdraw after the forum issue had been explained was not unreasonable. The tribunal therefore found none of the Rule 76 grounds made out and made no costs order.