Claimant v Stopwatch UK

Outcome

Facts

This is a costs judgment following the tribunal's refusal on 8 November 2024 of the claimant's application to amend her claim to add a complaint of discrimination arising from disability under section 15 Equality Act 2010. The claimant had been represented by solicitors since March 2024 but only brought the amendment application 5 months later, after all preparations for the final hearing had been completed. The application was made more than 15 months after the claimant left employment, creating time limit issues. The respondent is a charity.

Decision

The tribunal ordered the claimant to pay costs of £1,750 to the respondent under Rule 76. The tribunal found the claimant acted unreasonably in pursuing the amendment application which was without merit, given the clear balance of hardship against allowing it (late timing, expansion of factual enquiry, time limits, prejudice to respondent charity, and claimant having other live claims). The respondent had claimed £2,100 but the tribunal reduced this to £1,750 as reasonable and proportionate.

Practical note

Legal authorities cited