Mrs C Daley v G4S Secure Solutions (UK) Limited — 2022

The Tribunal considered the respondent's costs application following dismissal of the claimant's complaints of unfair dismissal, direct race discrimination, direct sex discrimination and sex-related harassment. It refused a further postponement application by the claimant, finding that the medical evidence supplied was insufficient to show that she could not participate in the costs hearing.

The Tribunal found that the claimant had not acted vexatiously, abusively or disruptively, because it could not determine whether she was deliberately lying or operating under a delusion that what she said was true. It did find that she had acted unreasonably in bringing and conducting the Equality Act complaints. The Tribunal recorded that many serious allegations were not made out on the facts, and that allegations with some factual relationship had no basis for being connected to protected characteristics.

The Tribunal distinguished the unfair dismissal claim, finding that although it was ultimately unsuccessful it had at least been arguable and was not unreasonably pursued. It found that the direct race discrimination, direct sex discrimination and sex-related harassment complaints had no reasonable prospects of success, and that the claimant's late postponement application also engaged the costs rules. The Tribunal ordered costs of £13,410 for the substantive proceedings after reducing the respondent's claimed costs by 25% to reflect the unfair dismissal claim, plus £1,755 for the postponed costs hearing, making £15,165 in total. It did not take account of the claimant's means because she had not provided means information despite orders and opportunities to do so.