Claimant v Homes and Communities Agency
Outcome
Individual claims
The breach of contract claim was withdrawn on 10 September 2022 after the claimant received advice that it clearly could not proceed on jurisdictional grounds while he remained employed.
The unlawful deductions claim was withdrawn on 14 December 2022 as a tactical decision after the claimant received advice that there was a risk it would fail on jurisdictional grounds in the Employment Tribunal, though the claimant maintained the case could be distinguished from relevant authorities.
Facts
The claimant was employed since January 2017 as Head of Public Sector Land on a salary of £83,509. He was on secondment from April 2018 onwards. In 2019 the respondent restructured and introduced a new pay and grading scheme in 2022. The claimant disputed his placement in the new structure and grading. He claimed breach of contract and unlawful deduction of wages relating to a standard pay award for 2020/21. He withdrew the breach of contract claim in September 2022 and the deductions claim in December 2022, reserving the right to pursue claims in civil courts.
Decision
The tribunal refused both the respondent's application to dismiss the withdrawn claims and its application for costs. The tribunal found the claimant had a legitimate reason to reserve his right to bring claims elsewhere and that dismissal would not be in the interests of justice. On costs, the tribunal found the respondent had not established that the claimant's conduct was unreasonable or vexatious, and declined to exercise discretion to award costs even if jurisdiction had been engaged.
Practical note
Employment tribunals should not act as gatekeepers to prevent claimants from pursuing withdrawn claims in other forums, and withdrawing claims after taking legal advice does not constitute unreasonable conduct justifying costs, even if done shortly before a hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 1303012/2022
- Decision date
- 11 February 2024
- Hearing type
- costs
- Hearing days
- 3
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Head of Public Sector Land
- Salary band
- £80,000–£100,000
Claimant representation
- Represented
- Yes
- Rep type
- barrister