Ms Angela Stott v The Cambridge Access Validating Agency (CAVA) — 2020

This was a costs judgment at a preliminary hearing heard in Cambridge on 11 August 2020 before Employment Judge Ord, with lay members Mr D Sutton and Mr S Holford. The Tribunal considered why the matter had to be postponed and found that the principal cause was the Respondent's failure to comply with orders for disclosure of documents and for preparation and delivery of a complete final bundle to the Claimant.

The Tribunal noted that the Claimant was a litigant in person and could not reasonably be expected to deal with documents sent electronically on the working day before the case was due to start. It also observed that, if the Respondent said Covid-19 had caused delay, that should have been dealt with in correspondence seeking agreed compliance dates, and if necessary by application to the Tribunal.

The Tribunal was satisfied that the case could have proceeded that day had the Respondent acted appropriately, and that the Respondent's action or inaction amounted to unreasonable conduct causing the postponement. The Claimant was found to have suffered no loss of earnings or other financial loss apart from travel costs of £12.00.

The Respondent was ordered to pay the Claimant's costs of the postponed hearing in the sum of £12.00 within 14 days of 14 August 2020.