Pranczk v Hampshire County Council UKEAT/0272/19/VP
Appeal against the ET’s decision rejecting the Claimant’s claims for arrears of pay and accrued holiday pay and ordering the Claimant to pay costs to the Respondent for her unreasonable conduct of the proceedings. Appeal allowed in part.
The Claimant, who was employed by the Respondent as a night care assistant, brought proceedings as a litigant in person for the recovery of arrears of pay and holiday pay, referring to a grievance about "unpaid wages, unpaid holiday, victimisation due to long-term sickness, also missing certificates and wrong work pattern". The ET dismissed the Claimant's claims on the basis that the Respondent had paid the arrears of pay and accrued holiday pay claimed, and concluded that there were no other claims that remained to be adjudicated; it also ordered the Claimant to pay costs to the Respondent under rule 76(1)(a) of the Employment Tribunals Rules of Procedure 2013 in light of her unreasonable conduct of the proceedings. The Claimant appealed on the grounds that the ET had erred in finding that she had pursued no other claims, and in awarding costs against her.
The EAT held that the ET had correctly concluded that there were no other claims that remained to be adjudicated; in relation to the costs order, although the ET considered that the costs threshold had been crossed, it had erred in law by failing to consider whether an award should, in principle, be made and, if so, whether to take account of the Claimant's means and, if so, to consider those means when finally deciding whether, and in what amount, to make an award. Accordingly, the costs award would be quashed.
Published: 17/06/2020 13:44