Ms A Agbelie v HSBC Global Services (UK) Limited — 2021

At the reserved costs hearing before Employment Judge Scott with members Ms M Daniels and Ms S Jeary, the respondent applied for costs under ET Rules 75(1), 76(1)(a) and 78(1). The tribunal applied the three-stage approach identified in Mr V Mihailescu v Better Lives (UK) Limited t/a Bluebird Care and reminded itself that a costs award is compensatory, not punitive.

The tribunal rejected the submission that the claimant's conduct at the readiness hearing on 12 October 2021 was unreasonable. It noted that the claimant was unrepresented at that stage and said tribunals should not apply professional standards to lay people. It accepted the claimant's explanation that she understood, from the way her case was being framed, that she was proceeding on perceived disability rather than actual disability.

The tribunal found that once the claimant had Judge O'Brien's note of the readiness hearing and had instructed solicitors, she knew the respondent was not consenting to amendment. It held that it was unreasonable not to make a prompt, particularised application to amend before day 1 of the final merits hearing, and concluded that costs were engaged from 1 November 2021. The late change meant the respondent had prepared for a 4-day hearing on a different case, so witness statements, disclosure, bundles, counsel preparation and trial length would need to be redone.

On discretion and amount, the tribunal took account of the claimant's limited means, unemployment, lack of savings, mortgage arrears and Universal Credit, but also her house equity and future earning potential. It assessed the respondent's schedule on a summary basis, found the hourly rates and hours reasonable by reference to the guideline hourly rates, allowed the respondent's attendance and counsel's fees, deducted £38 for readiness-hearing queries, and ordered the claimant to pay £17,856 as a contribution to the respondent's costs.