Former employee ordered to pay costs after threatening to reveal damaging information

What this case shows in practice

This case is a cautionary tale about the risks of pursuing an employment claim without a solid foundation. The former employee brought claims for wrongful and unfair dismissal without providing any particulars – no details of how the dismissal was unfair or wrongful. He then threatened the employer with revealing 'some unbelievable occurrences which would be damaging for Heathrow' unless the claim was settled. The tribunal described this as an attempt at blackmail.

By the time the employer lodged its response, the employee had already been convicted of harassment in criminal proceedings for the same conduct that led to his dismissal. Despite this, he continued with the claim until ten minutes before a preliminary hearing to strike it out, when he withdrew.

What the losing side could have done differently

The employee could have avoided the costs order by not bringing the claim in the first place, or by withdrawing it much earlier. Once the criminal conviction was in place, the prospects of success were extremely low. Threatening the employer was a serious misstep – the tribunal noted that the employer's warning about the conviction becoming public was simply a statement of fact, whereas the employee's threat was an attempt to gain an improper advantage.

Why the result matters for similar claims

This decision reinforces that tribunals have the power to order costs against parties who act unreasonably, even if they withdraw before a final hearing. The threshold for unreasonable conduct is not high: bringing a claim without any particulars, making threats, and waiting until the last minute to withdraw can all count. For employees considering a claim, this case is a reminder to assess the strength of their case honestly and to avoid any conduct that could be seen as vexatious or abusive.