Claimant v Whisky 1901 Ltd

Outcome

Facts

This is a costs judgment following a full merits hearing on 11-15 September 2024 in which the claimant succeeded on most claims including victimisation and was awarded £51,776.67. The respondent persistently failed to comply with disclosure orders, refused to engage with the claimant's solicitors despite repeated requests and four costs warnings, made a very late postponement application blaming the claimant, and attempted multiple times during the hearing to introduce previously undisclosed documents. The respondent's defence to the victimisation claims regarding suspension and a 12-month warning had no reasonable prospect of success, as its own witness (Mr Sparkes) admitted suspending the claimant after receiving her grievance on Croner's advice.

Decision

The tribunal found the respondent had conducted proceedings unreasonably, had breached tribunal orders on disclosure, and had pursued a defence with no reasonable prospect of success on the victimisation claims. The tribunal exercised its discretion to award costs of £6,230.70 (one quarter of the claimant's solicitor fees), finding this represented the additional costs incurred due to the respondent's unreasonable conduct in chasing disclosure, dealing with late applications, and preparing the victimisation case which should not have been defended.

Practical note

Award breakdown

Legal authorities cited