Employment Tribunal ... what are my chances ?

Googlewhacker

vic77en wrote: »

Hi, sorry to hijack your thread but I'm after some advice and you seem to be pretty clued up.

I wanted to return to work on a jobshare basis after maternity leave, but my request was refused, even though the same role in a different office is done as a job share. At the meeting to discuss this, I was told my role had been given more responsibilities and wouldn't be allowed help from temporary staff even though I had been previously. I resigned as I didn't think I could return full-time with a bigger role than before and no help, with a small child.
I was advised by an employment law solicitor that I may have a case for sex discrimination under flexible working regs and possibly constructive dismissal, though this was weakened as I wrote them a bland resignation letter.
ET1 form would have to be submitted today, but couldn't get this sorted on my insurance policy and solicitor wouldn't take no-win no-fee as they said it was 51% chance of success and they need 70%.
So I have drafted my own ET1 to submit. If I submit it and then decide it's all a bit too much and withdraw, can my employer claim costs from me? Reading these forums, I wouldn't like to be on receiving end of some of the bullying tactics so if it came to it, I probably would want to walk away...
Thank for your advice...

Maybe start this on your own thread as it will get more people to read it but from my knowledge which is not as an employment solicitor

1) Businesses do not have to accept requests for flexible hours if they have business reasons but they must consider them.

2) Constructive dismissal is very hard to prove

3) Costs would only be given against you if it was deemed a frivolous attempt by yourself

Go see a solicitor for proper advice

zzzLazyDaisy

Googlewhacker wrote: »

Maybe start this on your own thread as it will get more people to read it

I would echo this -

Also be aware that there is a strict three month time limit for lodging a claim - start with the last day of service, go three months forward and one day back.

If you are even one day late lodging your claim the tribunal will almost certainly strike out your application (there are some exceptions but they are very few and far between)

greendollar

Thanks zzzLazyDaisy but my rep has addressed each and everyone of the 30+ points the have raised . He has acknowledged that we have made a couple of minor mistakes but these were addressed at the CMD 2 weeks ago and we were given 3 weeks to come up with a new schedule of loss and a new statement .
I would have thought their solicitors would have waited till then for us to provide the info but have have now written to the tribunal asking for :

An Order for Costs against me ....Tribunal refused same request 2 weeks ago

if that fails

A Wasted Costs Order against my rep ..... unlikely to succeed as he's not working for profit .

An Order for a Deposit ...... Tribunal refused same request 2 weeks ago

One of the most ludicrous complaints is the we didn't confirm that the witness statements we provided were the ones we wished to use at the Tribunal and that the same witness statements they've had for nearly 2 years were new evidence that we tried to sneak in on the day of the Tribunal ......strange people . Now we're waiting for confirmation from the Tribunal that my rep isn't liable for any costs so he can procceed

greendollar

LOL 2 weeks after the CMD where both sides and the judge agreed what should be in the bundle (our witness statements and the amended roster )and 5 days after they asked for another Order of Costs/Wasted Costs Order/Order for a Deposit because we tried to ambush them with NEW evidence at the tribunal we had their new improved bundle delivered today .............. minus all our documents , witness statements and the amended roster , the judge will be pleased .

zzzLazyDaisy

Oh dear (where's the roll eyes smiley when you need it?)

Send them a a short and to the point letter, reminding them what was agreed and pointing out what is missing, and telling them that you look forward to receiving the complete bundle by return. And send a copy to the tribunal.

At least the tribunal will get the gist re who is wasting who's time!

I know it isn't any consolation but this sort of incompetence is, sadly, not unusual!

Googlewhacker

zzzLazyDaisy wrote: »

Oh dear (where's the roll eyes smiley when you need it?)

Send them a a short and to the point letter, reminding them what was agreed and pointing out what is missing, and telling them that you look forward to receiving the complete bundle by return. And send a copy to the tribunal.

At least the tribunal will get the gist re who is wasting who's time!

I know it isn't any consolation but this sort of incompetence is, sadly, not unusual!

You can't believe this incompetance is accidental, just sounds like delaying tactics to me

greendollar

UPDATE

My ex-employers solicitors have now withdrawn their request for a Wasted Costs Order against my rep and in an e-mail thanked him for clearing up his role my claim .
They're still requesting another Order of Costs & an Deposit Order against me though .
Their virulent attack on my rep has failed to make him withdraw from the proceedings and I'm hoping someone could advise how best to use their constant use of threats to enable me to seek my own Costs Order against them .
They have be warned by myself and the tribunal several times about their conduct (EAT Simms v McKee ) .

zzzLazyDaisy

In order to make a costs application you must go to tribunal and win your case.

At that point you can make a costs application, and you will need to support that with a bundle of documents referring to their conduct, and also including all the letters etc threatening you with costs.

You will also have to produce evidence of the costs you have incurred as a result of their conduct - receipts, invoices, etc.

However, your problem in going for a costs order against them is that you haven't really incurred any costs - your rep is representing you for free, so apart from some postage and telephone calls, you don't really have any costs. As far as I know, you can't charge them for your time, but at the point when you come to make a costs application, the tribunal will confirm this.

hth

Daisy

EDITED TO ADD... please don't waste too much energy on this aspect, as the chances of the tribunal actually awarding costs are quite low - they rarely exercise this power.

SarEl

zzzLazyDaisy wrote: »

. As far as I know, you can't charge them for your time, but at the point when you come to make a costs application, the tribunal will confirm this.

Daisy

There is a very rarely used power (even rarer than costs in the first place!) which permits a tribunal to award costs based on a rep's or a claimants nominal costs - a sort of "hourly rate". But to be honest, I have never seen or heard of a single instance of it being applied - just read (somewhere in the archives of memory ) of a tribunal making such an order. So unlikely as to be not worth even considering asking for. But on the other hand, you should be pleased that your former employer is "annoying" the tribunal - awards tend to go "up the scale" when they do. Tribunals may have limits in some areas, but they do have methods of exemplifying their lack of amusement!

greendollar

Ok , won't waste my time with my own Order of Costs then . I think the bundle has finally been agreed now , but then again I'm sure they can find something they're not happy with , its just a matter of waiting for the Tribunal date to be set . My rep has been in discussion with their solicitors who still insists we have zero chance of winning and they've met the minimum required by law to dismiss me . We'll see what the judge has to say about that .