Ms C Musa v Respondent — 2023

This is a costs judgment by Employment Judge Quill dated 8 April 2024, decided on the papers following an application by the Respondents dated 21 November 2023. The substantive claims were not determined in this judgment; instead, the Tribunal considered whether the Claimant should pay costs arising from the postponement of a preliminary hearing listed for 4 to 6 September 2023, which was adjourned after the Judge allowed the Claimant's late amendment to extend the asserted start date of employment back to 2001.

The Judge found that the Claimant had acted unreasonably within the meaning of Rule 76(1)(a) of the Employment Tribunals Rules of Procedure by making the amendment application so late, which caused costs to be thrown away. The Judge considered the Claimant's ability to pay under Rule 84, noting her 2023 income of £50,371.73 against outgoings including £18,745 in legal fees for this dispute, and concluded she had the means to meet a costs order.

Exercising discretion, the Judge ordered the Claimant to pay £3,500 (inclusive of VAT) for counsel's fees thrown away, £3,000 (inclusive of VAT) for solicitors' costs, and £306.79 for R4's attendance, aggregating to £6,806.79. Payment was structured as an initial £2,810.79 by 31 May 2024 followed by 12 monthly instalments of £333.