Employment Tribunal Court Costs

[Psc128000]

Hi,


Hope someone can advise


First time user. I was off long term stick from work. I was eventually made redundant (company wide redundancy's due to downsizing) I was advised in my final consultation meeting and throughout the process including my exit meeting that I was eligible ( as was everyone) for a redundancy compensation payment on top of the redundancy pay if I stayed until the end date given by my employer if company targets were met. Although I was off sick I stayed until my end date and was told I would hear as soon as the payment is payed out. I heard nothing and a month or so passed, but was aware that other people had received this. I questioned this with the company and was advised they changed the eligibility ( but didn’t inform me) and as I was off sick I was now not eligible, I advised I was told I was throughout the process and they asked for evidence which I provided (emails) and still refused my claim.

I raised this with Acas and went through conciliation and ACAS had to chase as they didn’t reply at first and they said no we will not pay out so I filled in a ET1 form to take to a tribunal.

Now I have received a email from a solicitor offering a no costs withdrawal if i withdraw the claim, which I refused. they asked for more information and then replied with another email stating why my case would fail and if I don’t withdraw I would have to pay around £10,000 - £14,000 in court costs if I loose (which I will) they say.

I asked for the equivalantof 3 months pay to cover the payment and the stress this has caused me but was advised by the solicitor I am not allowed to ask for this.

I am not being vexatious or unreasonable in anyway and everything I am stating and saying in the case I have email evidence to back it up. I was also advised I will have to provide medical records ( as I was off long term sick)

I’ve read that It is not vexatious or unreasonable for a Claimant to pursue a weak claim which has low prospects of being successful. It is however vexatious or unreasonable for a party to make an unwarranted costs threat.

I have been off with anxiety, stress and a heart condition. If this gets too much and withdraw my case through the right channel and in given time before the court date (I don’t have one yet !) Could I be liable for any costs ?

Or it possible I might have to pay court costs if I loose my case ?

I'm presuming this is a bully boy tactic but would like to know my rights.

Thanks in advance

[Pezza54]

Hi
Welcome to LB
Please read the following 2 articles:
"Costs in tribunals - what employers should know" at www.employmentlawwatch.com
and
http://www.frederickchambers.co.uk/p...tribunal-costs

Claimants should now expect a warning letter from the respondent's legal advisor about potential legal costs awarded against the claimant for a failed claim. It is not unreasonable or vexatious when the respondent issues this letter

A claim totally without merit and little chance of success may be regarded as unreasonable (and therefore vexatious) by the ET

Some of the awards against claimants have been significant even though the claimant did not appear financially well off

[ULA]

The claim you can make is for the value of what you can prove you believe you are owed in respect of the redundancy compensation payment. If the 3 months you have asked for is more than this sum, then the respondent's solicitor is potentially correct in saying you cannot claim that amount.

Tribunals work on the basis of each side pays there own costs, however claims without merit, vexatious or other specified situations may result in an application for and costs awarded against you.