Mr Jose Penalva v London School of Commerce and IT Limited — 2023

Mr Jose Penalva’s breach of contract claim against London School of Commerce and IT Limited was heard at East London Hearing Centre on 15 November 2022 before Employment Judge Townley. The tribunal held that the claim was not well-founded and dismissed it.

The respondent applied for costs. The claimant was given an opportunity to address that application and his objections were noted. The tribunal recorded that there was a delay in the respondent’s solicitors sending the schedule of costs, and that the claimant was asked to remain in the room and was put on notice that he would be required to give evidence about his means and ability to pay once the schedule had been received. He left the tribunal before that happened, and no message was received explaining why.

The costs application was therefore considered in the claimant’s absence and without submissions on means. The tribunal ordered the claimant to pay £12,351.60 in costs under rule 76(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, on the basis that he had acted unreasonably in either bringing the proceedings or conducting them. The judgment also stated that he could apply within 14 days for reconsideration of the costs decision, supported by a statement of means and an explanation of why he left the hearing.