Mary Jenkins v Achieve Together Limited — 2024

The claimant presented a constructive dismissal claim on 21 September 2023. After case management hearings on 10 June 2024 and 20 August 2024, the tribunal gave repeated directions requiring her to copy the respondent into correspondence and to provide a witness statement. The final hearing was relisted for 22 April 2025, a strike-out application was made because no witness statement had been provided, and Regional Employment Judge Pirani refused a further postponement on 17 April 2025. The claimant emailed the tribunal later that day withdrawing her claim, but she did not copy the respondent. No merits determination of the constructive dismissal claim was made because the claim was withdrawn.

The respondent applied for costs of £4,172.10, made up of a £3,600 brief fee including VAT, £233.10 travel and £339 accommodation. Applying rule 74(2)(a) of the Employment Tribunal Procedure Rules 2024, the tribunal found the late withdrawal and failure to copy the respondent were unreasonable. It referred to the Milan v Capsticks three-stage approach, the Yerrakalva whole-picture approach, and the Oni v UNISON principles that costs are compensatory, not punitive. The tribunal also noted that the claimant had been warned that costs might follow, that no evidence of means had been provided, and that it was therefore appropriate to order costs in the full amount claimed.