Claimant v Wessex Water Services Limited
Outcome
Individual claims
The claimant withdrew this claim on 18 October 2024, explaining he wanted to return to work with a new line manager and felt reassured that managers he alleged caused detriment had been redeployed. The claim was dismissed on withdrawal.
The claimant alleged detriment arising from protected public interest disclosures, including extension of probationary period and alleged bullying. The claim was withdrawn on 18 October 2024 for the same reasons as the discrimination claim.
Facts
Claimant commenced employment in 2023 and was subject to probation. Complaints of bullying were made against him; he raised a grievance which was not upheld. He went on sick leave and filed tribunal claims for age discrimination and whistleblowing detriment in December 2023. He sought postponement of a preliminary hearing citing ill health, though the real reason was a clash with another tribunal hearing. He withdrew his claims in October 2024. Respondent applied for costs of £405 relating to the misleading postponement request.
Decision
The tribunal refused the respondent's costs application. While finding the claimant acted unreasonably in not disclosing the real reason for the postponement request, the judge exercised discretion not to award costs because the postponement would likely have been granted anyway, it was not a late application, and the respondent was not prejudiced. The withdrawal itself was not found to be unreasonable.
Practical note
Even where unreasonable conduct is found, tribunals retain broad discretion on costs and will consider whether the receiving party actually suffered prejudice or incurred additional costs as a result of the conduct.
Legal authorities cited
Statutes
Case details
- Case number
- 6006250/2023
- Decision date
- 16 April 2025
- Hearing type
- costs
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- energy
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No