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2408671/2020Withdrawn

Sofology Ltd

21 June 2021England & WalesEmployment Judge Benson
GOV.UK

Case Summary

The Employment Judge dismissed the unfair dismissal claim and refused the respondent’s application for costs, considering the claimant's conduct was not unreasonable.

Key Issues

  • Claimant's failure to comply with case management orders
  • Claimant's withdrawal of claim without notifying respondent

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

The Employment Judge dismissed the unfair dismissal claim and refused the respondent’s application for cost

Decision Text

Case No: 2408671/2020 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Ms S Stanley Respondent: Sofology Limited On: 16 March 2021 Before: Employment Judge Benson JUDGMENT 1. The respondent’s application for costs is refused. REASONS Application 1. This is the respondent’s application that the claimant pay its legal costs incurred in these proceedings. The amount which it seeks is £4999.14 plus VAT. It says that this represents its costs from the outset of the claim to the date of the final hearing on 18 February 2021. In the alternative, it seeks its costs to 29 December 2020 when the claimant notified the Tribunal that she was withdrawing her claim. That amount is £1592.64. 2. The claimant’s claim of unfair dismissal was listed for a final hearing on 18 February 2021. The respondent stated that the claimant had not complied with any of the Tribunal’s case management orders and had not responded or engaged with the respondent in the preparation of her claim for the final hearing. On 22 January 2021, the respondent requested that the hearing be converted to a preliminary hearing to consider an application to strike out the claimant’s claim and an application that the claimant pay the respondent’s legal costs on the grounds that the claimant acted vexatiously, abusively, disruptively or otherwise unreasonably in either the bringing of the proceedings (or part) or the way that the proceedings (or part) have been conducted. Case No: 2408671/2020 10.2 Judgment - rule 61 February 2018 3. On the morning of the hearing, the Tribunal located an email from the claimant dated 29 December 2020 by which the claimant notified the Tribunal that she w...

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Case Details

Case Number
2408671/2020
Tribunal
Employment Tribunal
Level
First instance
Decision Date
21/06/2021
Published
08/07/2021
Jurisdiction
England & Wales
Judge
Employment Judge Benson