Claimant v United Lincolnshire Hospitals NHS Trust — 2022

This judgment was a costs hearing held on 12 October 2022 before Employment Judge Ayre sitting with Ms N Pratt and Ms K Mcleod. It followed the earlier merits judgment sent on 30 May 2022, in which the tribunal had unanimously dismissed all of the claimant's disability-related harassment allegations. The respondent applied for costs on the basis that the claimant had acted unreasonably in bringing and conducting the proceedings and that the claim had no reasonable prospects of success.

The tribunal accepted the respondent's case that the claimant had brought and pursued 66 allegations of harassment, that four allegations were withdrawn during the hearing, and that the claimant accepted one further allegation was not harassment but did not withdraw it. It also relied on findings from the earlier merits judgment, including that the claimant had made serious allegations that were not true, such as the allegation that Helen Wilson dragged her across a corridor, which the claimant later accepted had not literally happened. The tribunal held that the claimant had acted unreasonably and that the proceedings had no reasonable prospect of success.

In considering whether to make an order and in what amount, the tribunal took account of the claimant's ability to pay. It noted that she had access to trade union assistance and legal advice, owned a house with equity, had some savings, and had chosen to give up full-time work to start a four-year medical degree. The tribunal was not persuaded by her reliance on mental health as a reason to avoid a costs order, and it noted that her response to the costs warning letter was inaccurate in saying she had not taken advice after receiving it.

The respondent's Schedule of Costs totalled £36,745.61, with £18,340 incurred after the costs warning letter of 24 February 2022. The tribunal did not direct detailed assessment and instead made a broad-brush award of £20,000, which it said covered the post-warning costs together with a small amount for the earlier period.