Cases2411345/2023

Claimant v Prestige BB Limited

13 May 2025Before Employment Judge Barkerin person

Outcome

Claimant succeeds

Individual claims

Unfair Dismissalsucceeded

The tribunal found the claimant's evidence more credible than Mrs Mayat's unreliable and contradictory evidence. The tribunal resolved a dispute over the claimant's length of service in the claimant's favour, establishing he had qualifying service for unfair dismissal.

Holiday Paysucceeded

The tribunal found in favour of the claimant on his holiday pay claim. The respondent's defence was undermined by Mrs Mayat's lack of credibility as a witness.

Facts

The claimant brought claims for unfair dismissal and holiday pay. A key dispute concerned whether he had two years' qualifying service. Mrs Mayat, representing the respondent, engaged in unreasonable conduct throughout the proceedings: she failed to comply with case management orders for disclosure, sent repeated inappropriate emails to the tribunal, made personal slurs about the claimant in the ET3, and necessitated a case management hearing. A professional representative was instructed on 27 September 2024, after which the respondent's conduct improved. At the October 2024 hearing, Mrs Mayat gave unreliable and contradictory evidence as the respondent's sole witness.

Decision

The tribunal found in favour of the claimant on both claims, finding his evidence more credible than Mrs Mayat's unreliable testimony. The tribunal awarded a preparation time order of £294.80 for work done by the claimant's lay representative between 1 April and 28 September 2024, finding that Mrs Mayat's unreasonable conduct—particularly her persistent failure to comply with disclosure orders—unnecessarily inflated the claimant's costs during that period.

Practical note

A litigant in person's persistent non-compliance with case management orders and abusive correspondence can ground a preparation time order, even where their conduct improves after instructing a professional representative.

Legal authorities cited

Yerrakalva v Barnsley Metropolitan Borough Council [2012] ICR 420AQ Ltd v Holden [2012] IRLR 648Kaur v John L Brierley Ltd EAT 783/00

Case details

Case number
2411345/2023
Decision date
13 May 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
other
Represented
No
Rep type
self

Claimant representation

Represented
Yes
Rep type
lay rep