Employment Tribunal Thinking of withdrawing

[jason008]

Hello

I have submitted an ET case and we are just about to exchange witness statements. I now believe they have so much eveidence against me (lots of it untrue) That I am thinking of withdrawing and just forgetting about it. Can the respondent claim any costs against me?? I have not been told in any way that I should withdraw my claim by the judge or anyone. Just very stressed over it and fell they will walk all over me.

Thanks

[sean5302]

Re: Employment Tribunal Thinking of withdrawing

Hello and welcome to the forum.
You will be entitled to a refund of your Hearing fee if you withdraw up to 14 days before the hearing.
No. The respondent cannot reasonably claim costs against you.
There have been cases in the County Court where defendants have tried to do just that, but I am unaware of a single case of success.
Have the respondents actually provided you with a bundle, showing all the documents they will rely on?

[des8]

Re: Employment Tribunal Thinking of withdrawing

In Employment Tribunals a losing party will not automatically find themselves having to pay the other party’s costs, but, the Tribunal has discretion to order costs where a party, or their representative, has acted "vexatiously, abusively, disruptively, or otherwise unreasonably" in the bringing or conducting of the proceedings, or the claim had "no reasonable prospect of success" (Rule 77 of the Employment Tribunals Rules of Procedure 2013).
What is unreasonable will be decided by the tribunal.
To apply for discontinuance at a late stage or to pursue a case which has no chance of success could be judged unreasonable.

If you think they are presenting false evidence that would allow you to claim costs because of their unreasonable behaviour.