A former delivery driver has avoided paying his ex-employers more than £6,000 in costs after withdrawing compensation claims against them.
Roy McGahan made compensation claims for disability discrimination, constructive unfair dismissal, unpaid wages and breach of contract against Lexon UK Ltd following his resignation.
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, but following a dispute over a particular delivery, he resigned.
He made his compensation claim against the firm where he had worked for ten years, but later withdrew them.
At the latest tribunal hearing the firm pursued a costs award against Mr McGahan for £6,789 following the 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Joanne Beddon, representing Mr McGahan, said he had withdrawn the compensation claims because he could not afford to carry on with the hearing.
Tribunal judge Mr Charles Goodier said normally tribunals only awarded costs in unusual circumstances.
He said the respondents had alleged that Mr McGahan’s compensation had no prospect of success, but went onto say that Mr McGahan’s disability had been accepted and that his claims had not been unreasonable.
As a result Mr Goodier rejected the costs application.
