Decision date
21 May 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Abbott
Case Summary
The claimant's discrimination, harassment and victimisation claims were dismissed following a three-day hearing. The respondent applied for a costs order, arguing the claimant acted unreasonably in pursuing claims with no reasonable prospect of success after receiving a costs warning email four days before trial. The tribunal awarded £3,500 in costs against the claimant, having regard to his limited financial means (take-home pay £1,750 pcm, debts £90k), but finding his decision to proceed was objectively unreasonable.
Why this outcome?
Costs: unreasonable conductThe tribunal found that the claimant's claims lacked the 'something more' beyond bare difference in status and treatment required to sustain discrimination complaints, and that a reasonable person in the claimant's position would have recognised these evident flaws when responding to the respondent's costs warning email on 15 May 2026. Despite being a litigant in person with limited financial means, the claimant unreasonably proceeded to a three-day hearing, thereby putting the respondent to unnecessary cost.
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Key Issues
- •Whether claimant acted unreasonably in pursuing claims with no reasonable prospect of success
- •Whether costs order should be made under Rule 74(2) of the Employment Tribunal Procedure Rules 2024
- •Discrimination and harassment claims lacking sufficient evidence of 'something more' beyond difference in status and treatment
- •Claimant's financial means and ability to pay
Original published judgment
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Case Details
- Case No.
- 2306833/2023
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 21 May 2026
- Published
- 22 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Abbott
- Representation
- Litigant in person