Case 2403581/2023 · Employment Tribunal
Miss K Wellens v Ruskinvest Ltd — 2025
- Case reference
- 2403581/2023
- Decision date
- 12 November 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough REPRESENTATION
- Venue
- Liverpool
Parties
2 namedClaimant
Miss K Wellens
Respondent
Key findings
Tribunal's reasoningThe claimant brought complaints of unfair dismissal, disability discrimination, failure to pay holiday pay, arrears of pay and breach of contract. At the case management preliminary hearing on 19 June 2023 she withdrew the unfair dismissal, holiday pay and unlawful deduction from wages complaints, and later withdrew her remaining claim on 26 November 2024.
The respondent applied for a costs order after the withdrawal, relying on the claimant's non-attendance at hearings and late postponements or adjournments. The Tribunal found that the claimant's conduct was unreasonable and had caused hearings to be postponed or adjourned less than seven days before the hearing dates.
The Tribunal refused to exercise its discretion to make a costs award. It took account of the claimant being a litigant in person, her ill health, the intermediary report, and the conclusion that she wanted to participate but was unable to assess and manage her ability to attend the proceedings.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant withdrew this complaint at the case management preliminary hearing on 19 June 2023. | Withdrawn | — | — |
| Holiday pay | The claimant withdrew this complaint at the case management preliminary hearing on 19 June 2023. | Withdrawn | — | — |
| Unlawful deduction from wages | The claimant withdrew the complaint described as arrears of pay at the case management preliminary hearing on 19 June 2023. | Withdrawn | — | — |
| Disability discrimination | The direct disability discrimination complaint was maintained after 19 June 2023 but the claimant withdrew her claim on 26 November 2024. | Withdrawn | Disability | — |
| Breach of contract | The breach of contract complaint was maintained after 19 June 2023 but the claimant withdrew her claim on 26 November 2024. | Withdrawn | — | — |
Legal tests applied
2 references- rule 76 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- rule 74 of the Employment Tribunal Rules of Procedure 2024
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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