Claimant v NSLX Ltd
Outcome
Individual claims
Complaint for unpaid wages for May and June 2024 (£6,666) remained live for determination at the final hearing scheduled for 9 April 2025.
Claimant withdrew his complaint for unpaid expenses (£2,400) at the case management preliminary hearing on 6 January 2025 after realising he would need to disclose personal credit card records to evidence the claim.
Holiday pay complaint remained live for determination at the final hearing scheduled for 9 April 2025.
Complaint for notice pay for one month (£3,333) remained live for determination at the final hearing scheduled for 9 April 2025.
Facts
Claimant brought claims for unpaid wages, expenses, holiday pay and notice pay. He claimed employee status while respondent contended he was a contractor. At a case management hearing on 6 January 2025, claimant withdrew his expenses complaint (£2,400) after discussion about evidence requirements, specifically that he would need to disclose personal credit card statements. Respondent applied for preparation time order on basis that pursuing the expenses complaint was vexatious.
Decision
Tribunal dismissed respondent's application for preparation time order. Judge found the expenses complaint had a sound legal basis if claimant proved employment status, and the contract provided for expense reimbursement. Claimant withdrew the complaint strategically after understanding evidence requirements during case management hearing, which was appropriate conduct for a litigant in person. The claim was not vexatious.
Practical note
Withdrawing a claim after understanding evidence requirements at a case management hearing is not vexatious conduct, particularly for litigants in person who should not be judged by the same standards as professional representatives.
Legal authorities cited
Statutes
Case details
- Case number
- 6005631/2024
- Decision date
- 22 April 2025
- Hearing type
- costs
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- NSLX Ltd
- Sector
- other
- Represented
- No
- Rep type
- lay rep
Employment details
- Salary band
- £40,000–£50,000
Claimant representation
- Represented
- No