Claimant v Hinduja Global Solutions UK Limited
Outcome
Individual claims
The hearing proceeded in the claimant's absence on 9 April 2024 after his postponement request was refused. EJ Brady ruled that the claimant's claim was unfounded and dismissed it. The respondent had warned that even if successful, the award would be nil due to the claimant securing employment soon after dismissal.
Facts
Claimant brought unfair dismissal claim which proceeded to final hearing on 9 April 2024. Respondent sent without prejudice letters on 6 February and 27 March 2024 warning that claim had no reasonable prospect of success and any award would be nil due to claimant securing new employment at higher salary. Claimant sought postponement on 22 March 2024 as unable to get time off work, which was refused. Hearing proceeded in claimant's absence and claim was dismissed as unfounded.
Decision
Tribunal found claimant acted unreasonably by continuing to pursue claim after being warned it had no reasonable prospect of success and would be of little value, then failing to arrange to attend hearing despite four months' notice. Costs order of £1,000 made (reduced from £13,973.54 claimed) taking into account claimant's ability to pay and unrepresented status.
Practical note
Unrepresented claimants can face costs orders for pursuing claims with no reasonable prospects after clear warnings, particularly when failing to attend hearings, though tribunals will significantly reduce awards considering means and representation status.
Legal authorities cited
Statutes
Case details
- Case number
- 2305874/2023
- Decision date
- 28 January 2025
- Hearing type
- costs
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Salary band
- £40,000–£50,000
Claimant representation
- Represented
- No