Miss S Simpson v No appearance or representation Fife Scottish Omnibuses Ltd — 2024

At a hearing on expenses in Dundee on 28 November 2024, Employment Judge A Kemp considered the respondent Fife Scottish Omnibuses Ltd's application for expenses after Miss S Simpson had withdrawn her claim on 22 November 2024, the last working day before a seven-day final hearing due to begin on 25 November 2024. The tribunal recorded that by then there were no supporting documents for liability or remedy, that the schedule of loss was at best inaccurate, and that there had been repeated non-compliance with tribunal orders.

The tribunal found that the claimant had conducted the proceedings unreasonably for the purposes of Rule 76(1)(a) and had been in material breach of orders within Rule 76(2). It relied on the history of breaches, the limited practical compliance achieved, the earlier warning as to expenses on 5 August 2024, and the absence of any explanation for the late withdrawal despite an opportunity to make written submissions after the tribunal's note of 16 December 2024.

In assessing quantum, the tribunal accepted the respondent's schedule as generally reasonable but excluded £1,284.50 for entries before 2 July 2024, a further £324 for four specified client-update and internal communication entries, and £500 as a broad reduction for the unless order and strike out applications. That left £6,936 from a total sought of £9,045.50. The tribunal made no award for VAT, noting that it would be recoverable separately under normal principles.