The Claimant in the Employment Tribunal, who was a litigant in person, presented a claim form which, it was not disputed, raised claims for wages and in respect of loss of annual leave entitlement.
The Claimant did not attend the full merits hearing. The Tribunal dismissed her claims on the basis that the wages had been paid, and carry-over of the annual leave had been granted. It determined that there were no other claims raised by the claim form. It awarded the Respondent pounds 750 costs on the basis that the Claimant had unreasonably continued with the litigation after the wages and leave claims had been satisfied.
The Claimant appealed (a) on the basis that the Tribunal erred by not identifying that the claim form contained a claim of disability discrimination and/or victimisation; and (b) in respect of the award of costs.
Held:
(1) The Tribunal had not erred in not identifying any claim of disability discrimination or victimisation in the claim form. On a fair reading of the claim form, it did not contain any such complaint.
(2) The Tribunal acted unfairly in making an award of costs in the Claimant’s absence. It also in any event erred in failing to consider whether to take into account her means, or to explain whether, or how, it had done so. The costs award was quashed.
Citations:
[2020] UKEAT 0272 – 19 – 1206
Links:
Jurisdiction:
England and Wales
Employment
Updated: 09 December 2022; Ref: scu.652144
