Jo Moore represented the Secretary of State for Justice in a claim brought by a prison employee, who brought a claim for unlawful detriment on health and safety grounds, after he left work allegedly due to concerns around Covid-19 in the workplace. In early 2023, the claim was struck out by Employment Judge Brewer under ET Rules 37(1)(a)-(c), on the grounds of lack of merits, unreasonable conduct and failure to comply with rules or orders. Following the successful strike out, the Respondent applied for its costs of defending the claim to be paid by the Claimant or his representative.
Following a costs hearing examining the conduct of the claim, EJ Brewer determined that the ET’s costs jurisdiction was engaged, and that the Claimant had behaved unreasonably, deliberately and persistently failed to comply with tribunal orders, and had pursued claims with no reasonable prospects of success. There was no evidence that the representative was acting other than under instructions, so no wasted costs were ordered. The Claimant was ordered to pay over £50,000 in costs to the Respondent.
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