Claimant v We Are With You

Outcome

Facts

The claimant brought claims including indirect sex discrimination, unfair dismissal, and wrongful dismissal. She had less than two years' service. She instructed solicitors and counsel in late February 2025, about three weeks before a case management hearing listed for 17 March 2025. Amended particulars of claim were sent to the tribunal after the 17 March hearing had already started, with no prior notice to the respondent. The document initially had no track changes, causing confusion. The respondent needed time to take instructions and the hearing was adjourned by the judge. The unfair and wrongful dismissal claims were withdrawn. A further hearing on 1 May 2025 dealt with case management and the respondent's application for costs arising from the wasted hearing on 17 March.

Decision

The tribunal found that the claimant's conduct in providing amended particulars after the hearing had started, without notice or explanation, was disruptive and unreasonable. The respondent was ambushed and could not take instructions. The tribunal exercised its discretion to award costs of £1,730, covering three hours of counsel's time at the wasted hearing, two hours for the costs hearing, and one hour of the solicitor's time. The tribunal found the claimant could afford to pay based on her previous high earnings and savings.

Practical note

Legal authorities cited