withdrawing from employment tribunal claim

[mrs icebreaker]

Hi I wonder if anyone can help: I am assisting my husband in a tribunal claim for constructive unfair dismissal. I am a solicitor but this is not my area of practice so i asked a friend for some guidance. The assessment was that our case was 50-50, and it depended upon wheterh we could persuade a judge that it was as bad for my husband as he says it was, so we decided to go ahead. I attended the PTH on Friday and it seems clear to me that we will have to withdraw part of our case which is fine but we are both now concerned about pushing on with the case anyway. It is now taking its toll on me as I am not an employment specialist and am constantly bothering those that are. Plus, once we have withdrawn part of our case the value will decrease. Couple that with the fact that my husband may hopefully soon be back in full time employment ( he is part time now) then the value goes down again. PLUS the case has been listed for 4 days! We want to withdraw the case in its entirety therefore but on reading around this I am petrified we will be faced with a costs order. Could we approach the employer on a without prejudice basis and get them to agree that they will not seek a costs order, and that if they don't agree we will press ahead and bring our letter to the tribunal's attention at the appropriate time? I just want out now!

[Yoshi1738]

Re: withdrawing from employment tribunal claim

Simple letter to the tribunal who are dealing with the claim will suffice, and copy the letter to the other side, something along the lines of:

We write to advise the tribunal that the claimant wishes to withdraw their claim against the respondent.

We confirm that we have complied with rule 92 of the Employment Tribunal Rules of Procedure by providing a copy of this letter to the respondent.
We look forward to hearing from you.

Make sure you include the case name and the case number at the top of the letter.

Just make sure you udnerstand all the implications before withdrawing the claims

Hope this helps

[Intodeep]

How did it go?

[PallasAthena]

Posting on zombie threads rarely gets a reply. As the OP only ever made one post here and hasn't logged on since 2016 I wouldn't hold your breath waiting for an answer.

If you have a similar issue better to start your own thread asking for advice.