Miss K Wing So v Tech Nordic Advocates and 1 other — 2025

This judgment provides written reasons for a costs order made on 2 January 2025. The substantive claims had already been disposed of: the Claimant withdrew her unpaid wages claim at a Preliminary Hearing on 16 February 2024, and her remaining claims for notice pay, holiday pay and failure to provide written particulars of employment were the subject of a settlement agreement and were withdrawn on 12 June 2024 (and dismissed on withdrawal). Earlier complaints of age, race and sex discrimination against Ms Carlsson (and a former Respondent, Bloxhub) under associated claim number 3201817/23 had been withdrawn and dismissed on 22 January 2024.

On the Respondents' costs application dated 22 July 2024, Employment Judge Elgot found that the Claimant had failed to comply with Tribunal orders and had not responded meaningfully or promptly to the Respondents' strike out/deposit application, with the result that she had conducted the proceedings unreasonably. The Judge additionally found that her claims, particularly those against the Second Respondent for notice pay, holiday pay and failure to provide statutory written particulars, had been pursued without reasonable prospect of success. A costs warning letter sent on 9 December 2023 had been worded in reasonable and accurate terms and had gone unanswered.

In exercising discretion as to amount, the Judge had regard to the Claimant's ability to pay. The Claimant's evidence was found credible and truthful: she had relocated from London to Scotland, drew no income from a new start-up partnership, had previously been supported by her parents in Hong Kong but could no longer continue to ask for such support, had no significant earnings, savings or capital, a bank balance of just over £300, and declining health including mental health difficulties. The Judge declined to find that she had access to unlimited family funds. The Respondents' schedule of costs totalled £15,370 and was said to have since risen above £18,000; the costs payable were fixed at £500, to be paid within 28 days.