Outcome
Individual claims
The claimant was dismissed with notice for misconduct while already subject to a live final written warning. The claimant admitted to committing further misconduct (speeding) and had acknowledged through internal procedures that speeding was unacceptable. The tribunal found the claim had no reasonable prospect of success and the dismissal was fair.
Facts
Mr Khan, a bus driver, was dismissed with notice for misconduct (speeding) while already under a live final written warning for previous misconduct. He admitted the speeding and had acknowledged during internal procedures that speeding was unacceptable. He found new employment at comparable pay one week after dismissal. He brought an unfair dismissal claim which failed at a two-day hearing in January 2025. The Respondent had warned him in its ET3 and again in December 2024 that the claim had no reasonable prospect of success and that costs would be sought if he continued.
Decision
The tribunal found the unfair dismissal claim had no reasonable prospect of success, opening the gateway to costs under Rule 74(2)(b). The judge exercised discretion to award costs, noting the claimant should have been able to assess his claim had no merit. However, taking into account the claimant's limited financial means (significant mortgage and monthly deficit), the tribunal awarded only £250 of the £2,612.50 claimed - less than 10% of the respondent's costs.
Practical note
Even where a claim clearly has no reasonable prospect of success and a costs warning is given, tribunals will exercise significant restraint in awarding costs against unrepresented claimants with limited means, often awarding only a token sum.
Legal authorities cited
Statutes
Case details
- Case number
- 2302996/2024
- Decision date
- 9 January 2025
- Hearing type
- costs
- Hearing days
- 2
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- bus driver
Claimant representation
- Represented
- No