Cases3313165/2023

Claimant v East Anglia Home Improvements Limited

Outcome

Claimant fails£4,776

Individual claims

Harassment(sex)failed

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.

Victimisationwithdrawn

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

Yerrakalva v Barnsley Metropolitan Borough Council [2012] ICR 420Baisley v South Lanarkshire Council [2017] ICR 365McPherson v BNP Paribas [2004] ICR 1398Gee v Shell UK Ltd [2003] IRLR 82Lodwick v Southwark LBC [2004] ICR 884Dyer v Secretary of State for Employment EAT 183/73Keskar v Governors of All Saints CoE School [1991] ICR 493Vaughan v Lewisham LBC [2013] IRLR 713Lake v Arco Grating (UK) Ltd EAT 0511/04Radia v Jefferies International Ltd UKEAT/0007/18

Statutes

Employment Tribunal Procedure Rules 2024 Rule 73Employment Tribunal Procedure Rules 2024 Rule 74Employment Tribunal Procedure Rules 2024 Rule 75Employment Tribunal Procedure Rules 2024 Rule 76Employment Tribunal Procedure Rules 2024 Rule 5(7)

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