Claimant v Alternative Futures Group Limited
Outcome
Individual claims
Claim withdrawn by claimant on 14 April 2023, within 14 days of the Case Management Hearing before EJ Batten on 30 March 2023.
Claim withdrawn by claimant on 14 April 2023 following the first Case Management Preliminary Hearing.
Claim withdrawn by claimant on 14 April 2023 along with the unfair dismissal complaints.
Claim for being subject to a detriment for having made a protected disclosure was withdrawn by the claimant on 10 June 2024, less than one month before the scheduled final hearing.
Part-time worker discrimination claim was withdrawn on 10 June 2024. Claimant alleged he was the only part-time worker made redundant and was entitled to a written statement of reasons which was not provided, but withdrew before final hearing.
Facts
Claimant, a part-time registered manager with 6 years' service, brought claims for unfair dismissal, wrongful dismissal, whistleblowing detriment and part-time worker discrimination. Following a CMPH on 30 March 2023, he withdrew dismissal-related claims on 14 April 2023. Respondent sent costs warning on 15 January 2024 offering not to pursue costs if claims withdrawn immediately. Claimant did not respond until 12 May 2024 with a counter-offer. Claimant withdrew remaining claims on 10 June 2024, less than one month before final hearing. Respondent applied for costs of £7,312.
Decision
Employment Judge M Butler refused the respondent's costs application. The tribunal found that the claimant, represented by an inexperienced lay representative, had not conducted the proceedings unreasonably. The claimant had withdrawn weaker claims early, complied with case management directions, and reasonably (if mistakenly) interpreted the respondent's costs warning offer as remaining open until the date the tribunal needed to know if the case was ready for final hearing.
Practical note
Even a late withdrawal of claims does not automatically warrant a costs order, especially where a lay-represented claimant has complied with directions, withdrawn weaker claims early, and can show a reasonable (if mistaken) interpretation of settlement communications.
Legal authorities cited
Statutes
Case details
- Case number
- 2409890/2022
- Decision date
- 27 May 2025
- Hearing type
- costs
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Registered manager
- Service
- 6 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep