Does a solicitor's threat without prejudice that is 100% impossible cause trouble?

[PlumberTim]

Hi,

I am acting as friend Mackenzi to my friend who is in an employment tribunal. The respondant's solicitor has treathened to recover costs from him in the event of winning. This was done under the cover of a without prejudice email.

I think it is utterly impossible for such costs to be demanded or recovered.

If am right what, if anything, should I do about such none sense threats? Is it OK for solicitors to do that sort of thing?

The solicitor in question seems to be massively incompetant even though she is a partner level one at a very large firm. So, will not be all that surprised if she has dropped the ball.

Thanks, a Sheffield plumber.

[jaguarsuk]

Costs is a normal threat from either side in most legal disputes in the hope that it will scare the other party off.

If your friend wins they can seek their costs from conducting the claim from their former employer.

[PlumberTim]

Costs is a normal threat from either side in most legal disputes in the hope that it will scare the other party off.

If your friend wins they can seek their costs from conducting the claim from their former employer.

Thanks. The thing is, I thought that it was impossible for the former emplyer to recover costs in an enployment tribual. So is the fact (?) that this is never going to be possible a reason that it is against some sort of code?

[ULA]

The norm in an employment tribunal is that costs cannot be recovered by either party and each party has to bear their own costs. However in the following circumstance a costs order can be:

* A party or their representative has acted vexatiously, abusively, disruptively, or otherwise unreasonably in the bringing or conducting of the proceedings, or a part of them.
* Any claim made in the proceedings by a party had no reasonable prospect of success.
* A party has been in breach of any order or practice direction;
* A hearing has been postponed or adjourned on the application of a party

[des8]

Ignore the threats.
You shouldn’t have to pay any costs as long as you’ve got a reasonable case and act reasonably.
There’s only a very small chance you’ll have to pay your employer's costs if you lose.



Crossed with Ula

[jaguarsuk]

If your friend wins they can seek their costs from conducting the claim from their former employer.

I defer to ULA on this one as my knowledge of Tribunal is what that user is currently teaching me.

Costs are decided as per post #4

[Sky90]

PlumberTim page 24 has information about costs orders. The document also has information about the tribunal process you may find useful. https://assets.publishing.service.go...tober-2021.pdf

The threat of having to pay the other sides costs is done to intimidate. Despite being partially successful at my own tribunal, the respondent recently sent me an offer and said if I didn’t take it then they would make an application for costs. This terrified me, but thankfully I have email proof that I have always acted properly and even given the other side deadline extensions when they requested.

Make sure any correspondence with the respondent is done via email so you have evidence of how you and the claimant have conducted yourselves.