Mr L Varnam, Counsel For the v Mr N Morgan, Fourth Respondent — 2022

On 29 June 2022, Employment Judge Tynan sitting alone heard the Claimant's costs application arising from the Remedy Hearing. The judgment records that the earlier Reserved Judgment of 22 October 2020 had upheld the Claimant's various complaints against Mr Morgan and had calculated sums totalling £13,374.50 in respect of certain complaints; it also records that reconsideration of the holiday pay award was unnecessary because the earlier award had been correctly calculated and should not be increased, and that the unfair dismissal remedy was still to be determined at a later hearing.

The Tribunal rejected Mr Morgan's assertion that he had not been on notice of the costs application. It held that the Rule 76(1)(b) threshold was not met because the underlying status dispute was not without reasonable prospect of success and was not legally misconceived, but found under Rule 76(1)(a) that the Respondents had acted abusively, disruptively or otherwise unreasonably, including by repeatedly pursuing collateral attacks on earlier findings, making unfounded allegations about the tribunal and practitioners, and serving witness statements the evening before the August 2020 hearing. A costs order was made for the Claimant's costs of the 29 June 2022 hearing and preparation, to be summarily assessed if not agreed, and the parties were given 21 days to make further written submissions on amount and means.