Iqbal Hussain v Irubber Ltd At A Hearing — 2022

Mr Hussain presented an unfair dismissal claim on 27 December 2021, saying he had been employed from 8 September 2003 to 22 July 2021. The judgment records that he mentioned discrimination in the claim form, but that he had not claimed discrimination and had provided no details. Before the preliminary hearing he did not comply with the tribunal’s case management orders, including directions to provide a schedule of loss and a list of documents.

On 19 May 2022 the claimant’s representative notified the tribunal that he had decided to withdraw the case, and a dismissal judgment was signed the same day. The respondent then applied for costs under Rule 76(1) of the Employment Tribunals Rules of Procedure 2013, saying the claimant had acted unreasonably in bringing and conducting the proceedings, including by failing to comply with orders and correspondence and withdrawing only the day before the case management preliminary hearing.

The judge applied Rule 76 and the costs approach referred to in the cited authorities, accepted that the claimant had behaved unreasonably, and decided to make a costs order. The respondent had sought £2,340 plus VAT, with a further £300 for the costs hearing, but the tribunal awarded £1,200, described as £1,000 plus VAT.