Notice of Discontinuance

[Attard]

Can someone please help me, I'm trying to find out what will happen if I don't sign a F50 form ( Notice of Discontinuance ) in regards to a unfair dismissal clam against my employer . I have emailed my lawyer but Isn't returning my emails

[R0b]

Re: Notice of Discontinuance

If you don't sign it then the claim will proceed as normal, and if you don't turn up then you are likely to lose and costs possibly against you for wasting resources and time.

If proceedings have commenced substantially then the employer may also bring an action against you for discontinuing the claim on the same basis as above and seek to obtain costs at your expense for discontinuing.

[Attard]

Re: Notice of Discontinuance

Thanks for your reply, what if I want to take the matter further, I'm not happy with the outcome and I want to take the matter to court, is it too late. We have had a conciliation

[R0b]

Re: Notice of Discontinuance

Do you mean conciliation through ACAS?

The purpose of conciliation is to try to avoid going to court and incurring further costs, what is it in particular that you are not happy about? Is it the settlement or something else?

When you say your lawyer is not responding how long has it been?

If you are being asked to sign a discontinuance form it sounds as if there has been some sort of agreement to settle. Has anything been signed by you?

[Attard]

Re: Notice of Discontinuance

We can't come to agreement, they have offered me a amount which wasn't what I can say agreeable, I haven't signed anything and I haven't heard from my lawyer for a day, I was lead to believe that there is a 3 day cooling off period which was two days ago. The Respondents has signed the Notice of Discontinuance forms but I have not

[R0b]

Re: Notice of Discontinuance

As I'm sure you can appreciate, lawyers don't just work on one file and often have multiple files going on at the same time so I would say it is not that worrying that you've not heard anything back, although the lawyer ought to have at least acknowledged your email. If you didn't hear back for a good week then that is more worrying.

Assuming today is the end of the 3 day cooling off period, perhaps you might want to email your lawyer (if you haven;t done so yet) setting out your reasons why you disagree with the settlement and that you wish to proceed to trial. You are not under an obligation to sign the discontinuance but you also have to appreciate that just because an offer might not look reasonable to you does not mean that it is not reasonable. That is where your lawyer should come in and give you advice as to whether the settlement is what is expected for your type of case or whether the offer is too low and you are better off taking your chances in court.

Sometimes costs can be award against you for unreasonable conduct / behaviour when bringing things to court. So for example if you decided to go against your lawyers advice and went to court then the court awarded the same amount or less than what was offered there is the potential for them to ask for costs against you due to your conduct in pressing with the claim because you thought the amount was not enough and also went against your lawyers advice.

Not always the case if there is a genuine reason for proceeding with the matter but something to think about.

[Attard]

Re: Notice of Discontinuance

Thank you so much for your advice, I have emailed my lawyer and I do understand that have other clients with more important matters than mine and I'm sure they will get back to me as soon as they can. Once again thank you so much for your advice and time , you have been very helpful 👍👍

[Openlaw15]

Re: Notice of Discontinuance

Thanks for your reply, what if I want to take the matter further, I'm not happy with the outcome and I want to take the matter to court, is it too late. We have had a conciliation

Unfair dismissal and wrongful dismissal apply to the tribunal, and court, respectively as I understand it. So, unfair dismissal = ACAS early consol., then employ tribunal claim. Wrongful dismissal = ACAS early council, then tribunal or court.

[Attard]

Re: Notice of Discontinuance

Thank you

[Openlaw15]

Re: Notice of Discontinuance

As I'm sure you can appreciate, lawyers don't just work on one file and often have multiple files going on at the same time so I would say it is not that worrying that you've not heard anything back, although the lawyer ought to have at least acknowledged your email. If you didn't hear back for a good week then that is more worrying.

Assuming today is the end of the 3 day cooling off period, perhaps you might want to email your lawyer (if you haven;t done so yet) setting out your reasons why you disagree with the settlement and that you wish to proceed to trial. You are not under an obligation to sign the discontinuance but you also have to appreciate that just because an offer might not look reasonable to you does not mean that it is not reasonable. That is where your lawyer should come in and give you advice as to whether the settlement is what is expected for your type of case or whether the offer is too low and you are better off taking your chances in court.

Sometimes costs can be award against you for unreasonable conduct / behaviour when bringing things to court. So for example if you decided to go against your lawyers advice and went to court then the court awarded the same amount or less than what was offered there is the potential for them to ask for costs against you due to your conduct in pressing with the claim because you thought the amount was not enough and also went against your lawyers advice.

Not always the case if there is a genuine reason for proceeding with the matter but something to think about.

If the op has lawyer it's possible the tribunal will award a costs order up to and in excess of £10,000 (I've heard of £90,000 attempted...but the Court of Appeal said, 50%..so still a massive £45,000 costs) just for an employment tribunal. However, costs must be proportionate to 'whole of the circumstances.' and must consider whether they're able to pay.

In tribunals, the costs orders can be dealt with at any point of a tribunal hearing, but with a court the costs order normally 'follows the event.. ie if the claimant loses he/ she generally pays but there are exceptions. If there is no lawyer, the tribunal has the power to issue a time or preparation order, i believe up to £10, 000. If there is a legal representative or even a lay representative (for profit), ie another employee charging the one whom they represent, a wasted cost order could apply.

[Attard]

Re: Notice of Discontinuance

I see, that's definitely something that I need to think about, thank you

[Openlaw15]

Re: Notice of Discontinuance

I see, that's definitely something that I need to think about, thank you

It's not meant as a threat - it's just something to keep in mind.

[Openlaw15]

Re: Notice of Discontinuance

Can someone please help me, I'm trying to find out what will happen if I don't sign a F50 form ( Notice of Discontinuance ) in regards to a unfair dismissal clam against my employer . I have emailed my lawyer but Isn't returning my emails

The other matter, applying to normal courts under CPR, is discontinuance which normally means that the person who discontinues is liable for either part or the full legal costs. Tribunals don't have 'discontinuance' so they should not be used in tribunals by lawyers. The formal term for tribunals is 'Withdrawal.' Let me ask you why you're discontinuing? Discontinuing does not stop a costs/ time/ prep order being made where applicable. So, think carefully before you sign anything. What am saying if you discontinue/ withdraw it still could mean a costs order etc if the case wasn't strong or other things applied.