Mr J. Weare v Countrywide Estate Agents t/a Bairstow Eves — 2021

At the remote hearing on 16 November 2021 before Employment Judge Massarella, the tribunal did not proceed with the merits hearing because the Claimant had not served a witness statement and, on the Respondent's case, had not given disclosure of his documents. The tribunal postponed the case and relisted it for a three-day hearing in May 2022, to be heard by a judge sitting alone, with liability, deliberation, judgment and remedy if appropriate to follow at that later hearing.

After announcing the postponement, the Respondent applied for costs under Rule 76. The tribunal applied the authorities it cited, including Gee v Shell UK Ltd, Vaughan v London Borough of Lewisham, Haydar v Pennine Acute NHS Trust, Dyer v Secretary of State for Employment, Barnsley Metropolitan Council v Yerrakalva and Pinnock v Birmingham City Council, and found that the Claimant had acted unreasonably in the conduct of the proceedings. It found there was no reasonable explanation for the failure to provide disclosure and a witness statement, rejected the Claimant's explanation that his ET1 narrative could stand as his statement, and also rejected the explanation based on mental health difficulties, noting that he had been able to correspond about the litigation and conduct other proceedings.

On means, the tribunal found that the Claimant was unemployed, received about £377 per month in universal credit, had no savings or property, paid no rent, and had limited outgoings, with some support from his mother. It accepted the Respondent's costs schedule in part, refused to award VAT on counsel's refresher, declined to award the instructing solicitors' time, awarded £400 as a substantial contribution to counsel's attendance, and allowed £75.50 for copying and couriering the revised bundle. The total costs order was £475.50, payable in nine monthly instalments of £50 and one of £27.50 starting on 4 January 2022.