Outcome
Individual claims
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.
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
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