Ms Y Rodger v Represented by: Ms D Flanigan - Solicitor Honeywell Control Systems — 2019

At the hearing on 14 August 2019 before Employment Judge R King in Glasgow, the claimant’s representative said the claimant wished to withdraw her claim. The tribunal therefore did not determine the merits of the underlying Working Time Regulations complaint and recorded that the claim was dismissed upon withdrawal.

The respondent asked the tribunal to deal immediately with its intended costs application, saying a costs warning had been sent the day before and that the claimant had notice of the application. The claimant’s representative objected, saying she had only been told the reasons for the application and the amount claimed on the morning of the hearing and had not had instructions to deal with it.

The tribunal referred to rule 77 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 and the requirement that the paying party have a reasonable opportunity to respond. It held, applying that rule and principles of natural justice, that the costs application should not be heard then and there. The tribunal instead listed a further hearing for 25 September 2019 and directed the respondent to send its written costs application and vouchers within 7 days, with 14 days for the claimant’s written response. It also noted that if the claimant wanted her ability to pay taken into account, she would need to attend the costs hearing with evidence of means.