Deferred decision ...very anxious...how long to wait???

[lba40]

Hi all,

I had a 1 day employment tribunal hearing 5th June 2014. The Judge said the judgement/Direction would be deferred but it's been 8 weeks this Thursday and I haven't heard anything. I've rung the Tribunal office who say it's still with the Judge. The other side claimed my Disability Discrimination claim had no merits. Should I cautiously assume that the delay in the deferred decision means that my claim DID have merits as my Solicitor advised me? Or am I being too presumtious? I ask as the other side had threatened counter costs due to my claim having no merit of success.

Thanks in advance,
Lba 40.

[Johnboy007]

Re: Deferred decision ...very anxious...how long to wait???

Hi,
The tribunals can take ages to come to a conclusion.
Remember they do have a hell of a lot of cases to hear.
If your case was particularly complicated, especially on interpretations on law.
Then expect a long delay.
The average time taken for disability issues is.......... 29 weeks.
So you only got another 21 to go
It is obvious that the other side will threaten counter claims, and a tribunal will consider any application made by them.
But it is very unlikely for a tribunal to award costs against an employee, or ex employee, unless your claim was frivolous, without foundation or had no chance of success to start with.
This link will give you some idea of average times........
https://www.gov.uk/government/upload...2_web_1113.pdf
You were advised by your solicitor that your case had merit, and you decide to go along with that advice.
Good luck my friend.

[lba40]

Re: Deferred decision ...very anxious...how long to wait???

Hi John,
Thank you so much for your reply. I had the Decision yesterday morning. And I won! I'm too excited at the moment to work out the timescale but it was worth it. Although, I guess the Respondents could appeal..hope not..so not counting all my chickens just yet. Thank you so much again.
Lba40.

[Johnboy007]

Re: Deferred decision ...very anxious...how long to wait???

Hi John,
Thank you so much for your reply. I had the Decision yesterday morning. And I won! I'm too excited at the moment to work out the timescale but it was worth it. Although, I guess the Respondents could appeal..hope not..so not counting all my chickens just yet. Thank you so much again.
Lba40.

Hi,
Congratulations on the result of your case.
Do not worry about the respondent trying to appeal the decision.
You can only appeal a decision in an Employment Tribunal, on a point of law, not on the decision itself.
As you had advice from a solicitor as well as Legal Beagles, I don't think they will even bother.
Good luck...

[htaylor87]

Re: Deferred decision ...very anxious...how long to wait???

Hi,

if an employmeny tribual is deferred on the day of the hearing because there is no judge available, can you claim compensation/cost order?

thanks

[lba40]

Re: Deferred decision ...very anxious...how long to wait???

Hi,

if an employmeny tribual is deferred on the day of the hearing because there is no judge available, can you claim compensation/cost order?

thanks

Hi,
I don't know for sure but i'd be 99% sure you wouldn't. However, if you win and you are owed money then the statutory interest of 8% would be applied to your winnings.

Best Wishes,
Lba.

[Trev1234]

Re: Deferred decision ...very anxious...how long to wait???

LBA absolutely great to hear you won - so much dread about its good to see the rays of sunshine!

T

[lba40]

Re: Deferred decision ...very anxious...how long to wait???

LBA absolutely great to hear you won - so much dread about its good to see the rays of sunshine!

T

Hi Trev,

Thank you for your congrats, unfortunately it is still in progress, over 2 years now! These things can drag on soooo long. Appeal after appeal after appeal, i'm sticking to my guns tho.

BW,
Lba

[Trev1234]

Re: Deferred decision ...very anxious...how long to wait???

Sorry LBA I thought it was done and dusted. Does this mean your employers appealed your "win"?

T