Claimant v Achieve Together Limited
Outcome
Individual claims
The claimant withdrew her claim on 17 April 2025, the evening before the final hearing was due to start, after failing to comply with case management orders requiring witness statements and disclosure.
Facts
The claimant brought a constructive dismissal claim and repeatedly failed to comply with case management orders, including failing to provide a witness statement or copy the respondent to tribunal correspondence. On 17 April 2025, the evening before a three-day final hearing, she withdrew her claim by email at 9.45pm but did not copy the respondent. The respondent's barrister travelled from Manchester to Exeter for the hearing on 22 April 2025, incurring fees and expenses of £4,172.10.
Decision
The tribunal found the claimant's conduct unreasonable under Rule 74(2)(a). She had been repeatedly warned to copy correspondence to the respondent and warned that costs would be sought if she caused unnecessary attendance. Her late withdrawal without copying the respondent meant they could not avoid incurring costs. The tribunal awarded costs of £4,172.10.
Practical note
Even unrepresented claimants must comply with basic tribunal rules such as copying correspondence; late withdrawal without notice can result in costs orders for wasted expenditure.
Legal authorities cited
Statutes
Case details
- Case number
- 1405221/2023
- Decision date
- 8 July 2025
- Hearing type
- costs
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No