Man avoids paying ex-employer's costs after withdrawing compensation claims (From Redditch Advertiser)
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Man avoids paying ex-employer's costs after withdrawing compensation claims
6:20pm Tuesday 13th November 2012 in News
A FORMER Redditch delivery driver has avoided paying his ex-employers more than £6,000 in costs after withdrawing compensation claims against them.
Roy McGahan, aged 62, of Headless Cross, made Birmingham Employment Tribunal compensation claims for disability discrimination, constructive unfair dismissal, unpaid wages and breach of contract against Lexon UK Ltd of Oxleadow Road, Redditch.
The firm claims to be one of the UK’s leading pharmaceutical distributors.
Mr McGahan who suffers from a stomach disorder, had been accused of using the firm’s van for personal use and was given a verbal warning.
Following a dispute over a delivery to Dudley, he resigned.
He made his compensation claim against the firm where he had worked for 10 years, but later withdrew them.
At the latest tribunal hearing the firm sought a costs award against Mr McGahan for £6,789 following withdrawal of the compensation claims.
Nicola Wynne, representing the respondents, told the tribunal that Mr McGahan had acted vexatiously and that the compensation claims should never have been brought in the first place.
Joanne Beddon, representing Mr McGahan, said he was now unemployed and had little prospects of getting another job.
Mr McGahan had withdrawn the compensation claims because he could not afford to carry on with the hearing, she said.
Tribunal judge Mr Charles Goodier said normally tribunals did not award costs – only in unusual circumstances.
He said the respondents had alleged that Mr McGahan’s compensation had no prospect of success.
But he said Mr McGahan’s disability had been accepted and that his claims had not been unreasonable.
As a result Mr Goodier rejected the costs application.
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