Pre hearing review costs help please

[Legal newbie]

I worked for a large retail company for 5 years. I left after a breakdown and have now got chronic anxiety. My employer defended the claim and asked it to go to a phr. They said the case had no reasonable prospect of success. The judge allowed their request for a phr on that basis and to check if i was disabled. Their solicitors issued a costs threat to me but I ignored it as did not wish to be bullied out of the claim.

At the phr i showed all medical evidence, showed id not been to a tribunal before and showed lots of emails with me telling hr I was ill and asked for reasonable adjustments which weren't forthcoming.

it was a well paid job so they got a barrister to defend them at the phr and the claim got thrown out on the basis it had no reasonable prospect of success. Essentially they said i affirmed my contract of employment just prior to resigning by applying for a managers job although i never went through with the job interview and resigned a few days later.

I am now worried about them pursuing a costs order against me so help would be appreciated.

[charitynjw]

Re: Pre hearing review costs help please

Hi Legal Newbie, & welcome to Legal Beagles.

AFAIK it would be unusual for them to be granted costs; it is usually only if the claimant has acted vexatiously or unreasonably.

[QCKate]

Re: Pre hearing review costs help please

I worked for a large retail company for 5 years. I left after a breakdown and have now got chronic anxiety. My employer defended the claim and asked it to go to a phr. They said the case had no reasonable prospect of success. The judge allowed their request for a phr on that basis and to check if i was disabled. Their solicitors issued a costs threat to me but I ignored it as did not wish to be bullied out of the claim.

At the phr i showed all medical evidence, showed id not been to a tribunal before and showed lots of emails with me telling hr I was ill and asked for reasonable adjustments which weren't forthcoming.

i cant be 100% ceratin

it was a well paid job so they got a barrister to defend them at the phr and the claim got thrown out on the basis it had no reasonable prospect of success. Essentially they said i affirmed my contract of employment just prior to resigning by applying for a managers job although i never went through with the job interview and resigned a few days later.

I am now worried about them pursuing a costs order against me so help would be appreciated.

I cant be 100% certain Legal Newbie but i'm pretty sure they cant get at you for costs. first of all its a PHR when costs are not usually claimable - and second the judge would have made a ruling. hopefully someone else can confirm. Or you could call the Tribunal office where it was held.

QCK

[Legal newbie]

Re: Pre hearing review costs help please

Thank you. Thats a relief. I acted 100% with integrity, have a good background, turned up when I said, didn't delay things and was respectful at all times. Its the misconceived bit which ive read can include 'no reasonable prospect of success' that i think they may go for.

[Legal newbie]

Re: Pre hearing review costs help please

The judge didnt make a ruling nor were costs ever mentioned at the phr or in the judgement letter.

[charitynjw]

Re: Pre hearing review costs help please

Thank you. Thats a relief. I acted 100% with integrity, have a good background, turned up when I said, didn't delay things and was respectful at all times. Its the misconceived bit which ive read can include 'no reasonable prospect of success' that i think they may go for.

If that were the case, almost all LIP's would have costs awarded against them, which isn't the case!

[Legal newbie]

Re: Pre hearing review costs help please

If that were the case, almost all LIP's would have costs awarded against them, which isn't the case!

Thanks all. Managed to get 5 hours continuous sleep last night for the first time in about 3 years so thats such a relief.

Ill let you know if the situation changes or if I hear anything more, theyre a big company and theyre trying to cover it up so i wouldn't put it past them trying it!

[charitynjw]

Re: Pre hearing review costs help please

If they try & get 'tricky', point them, & the court, to this - [IB(11.7)]

http://www.sra.org.uk/solicitors/han...5/content.page

[Legal newbie]

Re: Pre hearing review costs help please

If they try & get 'tricky', point them, & the court, to this - [IB(11.7)]

http://www.sra.org.uk/solicitors/han...5/content.page

Thats really useful, thanks.

the company, not the solicitors, knows full well whats going on. There are 8 jobs in my old department and 18 people have done those 8 jobs in the past 4 years! Many that left suffered depression etc hence many being witnesses for me.

They got a large law firm on the case and this barrister as i dont think they want to open the floodgates.

i will point that out. If they do come after costs even though it didnt get past the phr im going to say something along following lines: awarding costs is the exception not the rule, I acted reasonably, I had evidence of piles of emails, this was my first ever claim, costs weren't mentioned at phr, whilst i was given costs warning letter it did not state figure in pounds and pence etc.

anything else you'd add if it came to it?

[charitynjw]

Re: Pre hearing review costs help please

Thats really useful, thanks.

the company, not the solicitors, knows full well whats going on. There are 8 jobs in my old department and 18 people have done those 8 jobs in the past 4 years! Many that left suffered depression etc hence many being witnesses for me.

They got a large law firm on the case and this barrister as i dont think they want to open the floodgates.

i will point that out. If they do come after costs even though it didnt get past the phr im going to say something along following lines: awarding costs is the exception not the rule, I acted reasonably, I had evidence of piles of emails, this was my first ever claim, costs weren't mentioned at phr, whilst i was given costs warning letter it did not state figure in pounds and pence etc.

anything else you'd add if it came to it?

Hi Legal Newbie,

Permissions for costs are normally requested immediately after the decision.

I would imagine they have already put this to bed, & moved onto the next case.

Out of interest, though, did the respondent offer a CPR Part 36 settlement?

[Legal newbie]

Re: Pre hearing review costs help please

Hi Legal Newbie,

Permissions for costs are normally requested immediately after the decision.

I would imagine they have already put this to bed, & moved onto the next case.

Out of interest, though, did the respondent offer a CPR Part 36 settlement?

Ok, thanks. No, no part 36 settlement offered. What are the implications of that? Thanks

[charitynjw]

Re: Pre hearing review costs help please

Ok, thanks. No, no part 36 settlement offered. What are the implications of that? Thanks

http://www.ashfords.co.uk/news/clien...part-36-offers

[Legal newbie]

Re: Pre hearing review costs help please

http://www.ashfords.co.uk/news/clien...part-36-offers

Thanks. I get the gist of it but didnt have one of those offered but cant see if thats good or bad.

its amazing how much work can affect you psychologically

[Legal newbie]

Re: Pre hearing review costs help please

Thanks. I get the gist of it but didnt have one of those offered but cant see if thats good or bad.

its amazing how much work can affect you psychologically

Not heard anything yet around 3 weeks from the phr and over a week since the judgement was issued.

called tribunal and they said they have 28 days from the date of judgement so they have still nearly 3 weeks to bring costs issue up.

still not heard anything but still worrying about it

[teaboy2]

Re: Pre hearing review costs help please

Don't worry about it, it is very unusual for a tribunal to award costs, especially when a barrister is used by the employer!

Ideally you should have come here and sought advice prior to going ahead with tribunal to be honest as then the outcome may have been different for you.