No appearance, decided on the papers For the v No appearance, decided on the papers — 2023

At a paper hearing on 30 October 2023, Employment Judge S Moore considered the respondent's application for costs. Mr Manoj Dadral had brought claims for wrongful dismissal and unfair dismissal against LHR Airports Ltd, but he withdrew the claim ten minutes before the preliminary hearing listed for 16 August 2023, which was due to hear the respondent's strike-out application.

In his 29 September 2023 email, the claimant said he believed he had been unfairly targeted, that a document disclosed on 15 August 2023 was of no use to his case, and that his loss of earnings claim would not justify the time needed to prepare it. He also said the respondent had threatened him by saying his conviction would be exposed if he continued. The tribunal did not accept that comparison and said the claimant's own email of 21 March 2023 was a threat to reveal damaging information unless the respondent settled.

Applying Rule 76(1) of the Employment Tribunals Rules of Procedure 2013, the tribunal found the claimant had acted unreasonably in bringing the proceedings and/or in the way they had been conducted. It noted that he had brought the claims without providing any particulars, that by 22 March 2023 his behaviour had been the subject of criminal proceedings and a conviction for harassment, and that he had not articulated any basis on which it could be argued that his dismissal was unfair. The tribunal also noted that no public interest disclosures had subsequently been made.

The tribunal made a costs order against the claimant in the sum of £750 plus VAT. It said that figure, being counsel's brief fee for attending the preliminary hearing, was entirely reasonable in the circumstances.