Claimant v Ruskinvest Ltd
Outcome
Individual claims
The claimant withdrew this complaint at the case management preliminary hearing on 19 June 2023.
The claimant withdrew her entire claim on 26 November 2024 before the disability status could be determined at preliminary hearing.
The claimant withdrew this complaint at the case management preliminary hearing on 19 June 2023.
The claimant withdrew this complaint at the case management preliminary hearing on 19 June 2023.
The claimant withdrew her entire claim on 26 November 2024 before the matter could proceed to hearing.
Facts
The claimant brought claims of unfair dismissal, disability discrimination, holiday pay, unlawful deduction of wages and breach of contract. She suffered from autism, COPD and fibromyalgia which affected her ability to participate in proceedings. She failed to attend five hearings between November 2023 and November 2024, often giving little or no notice. An intermediary was arranged to assist her, but she was unable to attend even with this support. She eventually withdrew her claim on 26 November 2024.
Decision
The tribunal refused the respondent's application for costs. While the tribunal found the claimant's conduct was unreasonable and caused hearings to be postponed at short notice, it declined to exercise its discretion to award costs. The tribunal concluded that the claimant's ill health prevented her from properly assessing her ability to attend hearings, and she lacked professional advice on managing her participation. The intermediary report confirmed the extent of her difficulties.
Practical note
A tribunal may find unreasonable conduct for costs purposes but still refuse to award costs where a litigant in person's ill health significantly impaired their ability to participate effectively in proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 2403581/2023
- Decision date
- 29 September 2025
- Hearing type
- costs
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Ruskinvest Ltd
- Sector
- other
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No