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Employment Tribunal Query

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  • Employment Tribunal Query

    Hi everyone, hope someone can help/advise

    Im currently in the process of taking my previous employer to an employment tribunal due to an unpaid redundancy compensation payment, I have gone through the conciliation process and it is now at the stage were the claim has been accepted and the tribunal has asked them to respond to my claim.

    Their solicitor offered a no costs withdrawal, if I withdrew the claim in 7 days, which I rejected straight away. They have now come back with a lengthy email saying why my claim is invalid and ending with

    If Mr Bla blah does not withdraw by the above deadline, we intend to put him on formal notice of a costs application should he lose as we predict. Costs to hearing will likely stand at around £15,000 plus VAT.

    I’ve filled in a ET1 form but now their solicitor has asked me to explain my claim by answering some questions on a form they have sent by a formal request for 'further and better particulars of claim

    Are these bullying/scare tactics to try and make me withdraw the claim ?

    My two main questions are

    If I went through with the process but decided to withdraw at some time before the court date (following the correct process) would I be liable for any cost incurred?

    Do I have to give their solicitor any additional information they are asking or is this a request rather than a legal requirement.

    Thanks
    Tags: None

  • #2
    Firstly was your employment terminated on the grounds of redundancy?

    Typically each side pays their own costs, however there are circumstances where costs can be awarded i. e. the claim / defence has no reasonable prospects of success, it is a vexation claim, the conduct of a party has been vexatious or they have not complied with orders, are some of the reasons.

    in answer to your questions:

    1. If you did withdraw your claim and the respondent's solicitors made an application for costs, then a judge would consider it against the criteria set, out some of which I have mentioned above. If they feel any of them apply then a costs award may be made.

    2. If you have been asked to provide Further and Better Particulars then yes, you do need to provide the additional information requested in order for the respondent to be able to provide a full defence.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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