Cases→3310578/2023

Claimant v Wren Davis Limited

8 August 2025Before Employment Judge Annand

Outcome

Other

Individual claims

Automatic Unfair Dismissalnot determined

This is a costs judgment only. The substantive claims of automatic unfair constructive dismissal under section 103A ERA and ordinary unfair constructive dismissal have not yet been determined.

Constructive Dismissalnot determined

This is a costs judgment only. The substantive claim of ordinary unfair constructive dismissal has not yet been determined.

Detrimentnot determined

This is a costs judgment only. The substantive claim of detriments on grounds of having made protected disclosures has not yet been determined.

Facts

The claimant resigned from a family-owned business in March 2023 after approximately 50 years' service. She brought claims of automatic unfair constructive dismissal (whistleblowing) and ordinary unfair constructive dismissal. The respondents (her siblings and the company) failed to submit a valid response form by the deadline of 30 October 2023, and despite being informed of deficiencies on 25 and 27 February 2024, did not make an application to extend time until ordered to do so. This resulted in three preliminary hearings instead of one.

Decision

The tribunal awarded costs of £2,400 to the claimant against the respondents. The tribunal found that the respondents acted unreasonably by failing to make an extension of time application before the first preliminary hearing and by failing to properly prepare for the second preliminary hearing. The award covers counsel's attendance at two unnecessary preliminary hearings and preparation of the costs application.

Practical note

Even when represented by counsel, failure to follow basic procedural requirements (filing correct response forms, making timely extension applications, preparing bundles) will result in costs awards to compensate the other party for wasted expense.

Legal authorities cited

Yerrakalva v Barnsley Metropolitan Borough Council [2012] ICR 420AQ Ltd v Holden [2012] IRLR 648Howman v Queen Elizabeth Hospital Kings Lynn EAT 0509/12Lodwick v Southwark London Borough Council [2004] ICR 884

Statutes

Employment Tribunal Rules 2013 Rule 76(1)(a)Employment Rights Act 1996 s.103AEmployment Tribunal Rules 2024 Rule 82Employment Tribunal Rules 2024 Rule 75Employment Tribunal Rules 2024 Rule 74(2)(a)Employment Tribunal Rules 2024 Rule 73(1)(a)

Case details

Case number
3310578/2023
Decision date
8 August 2025
Hearing type
costs
Hearing days
—
Classification
procedural

Respondent

Name
Wren Davis Limited
Sector
other
Represented
No
Rep type
self

Employment details

Service
50 years

Claimant representation

Represented
No
Search for this judgment on GOV.UK →