Claimant v Agricultural Harvest Store Installations Limited
Outcome
Individual claims
Claim dismissed under Rule 47 on 5 February 2025 due to claimant's wilful non-compliance with tribunal orders and failure to attend the public preliminary hearing without reasonable excuse. The tribunal found the claimant's conduct to be unreasonable and vexatious.
Claim dismissed under Rule 47 on 5 February 2025 along with the constructive dismissal claim. Claimant failed to provide medical records, disability impact statement, or comply with tribunal directions. The claim was pursued for an improper purpose to extract settlement funds.
Facts
Claimant filed claims of constructive dismissal and disability discrimination in June 2023 but repeatedly failed to comply with tribunal orders including providing medical records and disability impact statement. His legal representative retired and he could not find replacement. He repeatedly made late postponement applications and failed to engage with respondent or tribunal. He did not attend public preliminary hearing on 5 February 2025 listed to consider deposit order, claiming he expected mediation instead. His claim was dismissed under Rule 47 for non-compliance and non-attendance.
Decision
Tribunal found claimant's conduct unreasonable and vexatious including wilful non-compliance with orders, repeated postponement applications, and pursuing claim with little merit for improper purpose of extracting settlement. Claim dismissed. Costs of £3,000 awarded against claimant representing respondent's counsel fees for the final hearing. Claimant failed to provide evidence of means despite multiple opportunities.
Practical note
Even unrepresented claimants can face significant costs orders where they wilfully disregard tribunal orders and pursue claims vexatiously for an improper purpose rather than genuine legal merit.
Legal authorities cited
Statutes
Case details
- Case number
- 3307261/2023
- Decision date
- 5 February 2025
- Hearing type
- costs
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- agriculture
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No