Claimant v App Tech Development Ltd

Outcome

Facts

The claimant was dismissed on 28/29 May 2024 shortly after resigning and allegedly making protected disclosures about financial misconduct. He applied for interim relief claiming automatic unfair dismissal for whistleblowing. The interim relief application was refused on 20 June 2024 because there were significant factual disputes that could not be determined without hearing evidence. The respondent then applied for costs of up to £116,384 incurred in defending the interim relief application, arguing it had no reasonable prospect of success and/or the claimant acted unreasonably, particularly as he had already resigned and been offered £22,500 in settlement which he rejected.

Decision

The tribunal found the costs threshold was met only in relation to the claim having no reasonable prospect of success from 17 June 2024 when the respondent disclosed its defence. However, the tribunal declined to exercise its discretion to award costs because the claimant was a litigant in person with genuine misunderstandings about interim relief in a technical area of law, and by the time he ought reasonably to have known the application would fail the respondent's costs had already been incurred. The costs application was therefore refused.

Practical note

Legal authorities cited