In person For the v Mr S Margo - Counsel — 2020

Miss L Giffard brought an unfair dismissal claim against British Airways Plc arising from her dismissal for unsatisfactory attendance. The judgment records that the claim form also referred to an unparticularised request for unpaid payments, but that was not accepted as a claim. The case was listed for a full merits hearing at Watford on 8 July 2020 before Employment Judge Smail.

By email dated 3 June 2020, the claimant stated that she wished to withdraw her unfair dismissal application because of the Covid-19 outbreak, the pressure on the legal team she believed was assisting her, and her own inability to represent herself. Applying Campbell v OCS Group UK Limited and Rule 51, the tribunal found that this was a clear and unambiguous withdrawal. The unfair dismissal claim was therefore dismissed upon withdrawal, and the merits were not determined.

The respondent applied for costs and sought a brief fee of £2,500. The tribunal refused the application. It accepted that there was force in the respondent’s position, but found that the claimant had been told by the tribunal to attend, was out of her depth in handling the case, and had limited means. The judge said that, if costs had been awarded, £750 would have been a more appropriate brief fee than the £2,500 sought.