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I am being threatened by my former employers lawyers to drop my case with the employment tribunal or they will come after me for the litigation costs, can they do that?
The surrounding circumstances:
I had already taken my former employer to the employment tribunal for not paying me my commission. Unfortunately I lost as it was the word of my manager who told me I would receive the commission against the contract stating I wouldn't if I left.
During the proceedings I said that I had not received my payslips for payments received after my termination, therefore I was not able to come to an accurate figure of what I was owed. Although I lost the case, the judge said that she would set another date to sort out the payslips.
Prior to the tribunal date I had repeatedly asked my former employer for my payslips and I was ignored. I got the tribunal to assist me and they ordered my employer to give me the documents I had asked for before the tribunal hearing. They did not comply. They have since sent me 2 of the payslips a but there are still two payments that I have received that do not have associated payslips.
When they threatened me with the litigation costs and tried to tell me that I have no case, I asked for £850 and stated that I would withdraw the case if this was agreed on. They rejected this offer and said they would pay me £250 for me to withdraw.
I am happy to go back for the tribunal hearing as it wont cost me anything more other than my time and a bit more stress. What I want to know is do they have any grounds to come after me for their litigation costs when they are breaking the law by not providing me with any payslips and it was the judge that ordered the second hearing date anyway and not me!?
Any help or advise would be greatly appreciated!
The surrounding circumstances:
I had already taken my former employer to the employment tribunal for not paying me my commission. Unfortunately I lost as it was the word of my manager who told me I would receive the commission against the contract stating I wouldn't if I left.
During the proceedings I said that I had not received my payslips for payments received after my termination, therefore I was not able to come to an accurate figure of what I was owed. Although I lost the case, the judge said that she would set another date to sort out the payslips.
Prior to the tribunal date I had repeatedly asked my former employer for my payslips and I was ignored. I got the tribunal to assist me and they ordered my employer to give me the documents I had asked for before the tribunal hearing. They did not comply. They have since sent me 2 of the payslips a but there are still two payments that I have received that do not have associated payslips.
When they threatened me with the litigation costs and tried to tell me that I have no case, I asked for £850 and stated that I would withdraw the case if this was agreed on. They rejected this offer and said they would pay me £250 for me to withdraw.
I am happy to go back for the tribunal hearing as it wont cost me anything more other than my time and a bit more stress. What I want to know is do they have any grounds to come after me for their litigation costs when they are breaking the law by not providing me with any payslips and it was the judge that ordered the second hearing date anyway and not me!?
Any help or advise would be greatly appreciated!
