Claimant v East Anglia Home Improvements Limited
Outcome
Individual claims
The claimant's complaints of harassment related to sex were dismissed by the tribunal after a full merits hearing in June 2025. The judgment on 20 August 2025 recorded dismissal of these harassment complaints.
The claimant withdrew her victimisation complaint on the first day of the trial on 24 June 2025, narrowing the issues for determination to focus on her harassment complaints.
Facts
The claimant brought harassment and victimisation complaints which proceeded to a full merits hearing in June 2025. At the outset, the tribunal refused the claimant's application for anonymisation. The claimant withdrew the victimisation complaint on the first day of trial. The tribunal dismissed the harassment complaints but awarded the claimant £4,775.92. The respondent sought costs of £7,500 relating to the unsuccessful anonymity application and withdrawal of the victimisation claim, but filed the application 12 days late.
Decision
The tribunal refused the respondent's costs application because it was made outside the 28-day time limit and discretion was not exercised to extend time. The respondent's reasons for delay (annual leave and needing to consider media coverage) were insufficient. The balance of prejudice favoured the claimant, given no good reason for delay, costs are exceptional in tribunals, and time limits provide certainty. In any event, no gateway for costs was established on the merits.
Practical note
Parties must comply strictly with the 28-day time limit for costs applications under Rule 75(1), and annual leave of representatives or clients will not suffice as good reason for extending time, particularly where no extension application is made before expiry.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3313165/2023
- Decision date
- 20 August 2025
- Hearing type
- costs
- Hearing days
- 4
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No