Employment tribunal

no-oneknowsme

November5th wrote: »

I can't see why their would be any comebacks if you pull out? What do you think might happen?

Pulling out at this late stage - the case is due to start in 10 days - may just p*ss the employer off enough for them to lodge a costs order.

You have to realise that at this late stage of the matter the employer is likely to have spent a fair amount of money preparing a defence , maybe they have hired a solicitor for the case , the bundles will have been prepared etc...

If the OP pulls out now they may just go for reimbursement (sp) of all or some of these costs and they may be granted as the judge may agree that this case was vexatious and had no chance of success from the off . If the judge believes that the OP was aware of this then a costs order may be granted !

no-oneknowsme

Op , to follow up on my previous posts regarding a costs order , i have taken the following from the direct gov website and the link to the website is also included. Have a read :

Withdrawing your claim

You may not be able to reach an agreed settlement, but instead decide that you do not want to go ahead with your claim. You can withdraw either your whole claim or any part of it at any time before or even during the hearing, for any reason.
If you decide you would like to do this, you need to let the Tribunal know, in writing. You also need to tell the respondent (the other person or organisation in the case) that you are withdrawing the claim. You must do this as soon as possible.
You should bear in mind that withdrawing at the last minute might lead to your employer applying for costs because of unreasonable behaviour in the way you conducted your case.



Taken from http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Employmenttribunals/

Uncertain

no-oneknowsme wrote: »

Pulling out at this late stage - the case is due to start in 10 days - may just p*ss the employer off enough for them to lodge a costs order.

You have to realise that at this late stage of the matter the employer is likely to have spent a fair amount of money preparing a defence , maybe they have hired a solicitor for the case , the bundles will have been prepared etc...

If the OP pulls out now they may just go for reimbursement (sp) of all or some of these costs and they may be granted as the judge may agree that this case was vexatious and had no chance of success from the off . If the judge believes that the OP was aware of this then a costs order may be granted !

Although this is possible, reading the OP there is no indication that the employer has done anything at all! For example there is no mention of the OP being supplied with a copy of their bundle. It is possible that the employer will simply not show up which would help the OP's case no end!

Uncertain

mrpaul84 wrote: »

I’m writing on behalf of my girlfriend who is due to attend an employment tribunal that she took out against an employer after being sacked for not being the right person for the job in which she lasted one month. The employer failed to pay all of the wages owed saying she didn’t fill the time sheets in and he couldn’t recall her being at work on the disputed days. We are due in court in ten days time and have no evidence to say she was in work on those days other than the employer normally had three people work and on the days we are claiming for only two people show on the time sheets. I know this is a weak argument and wanted to know your thoughts on success and if we can pull out with no comebacks

OP

Did your GF write to the employer after she left stating her claim for unpaid wages?

If so, did the employer reply formally as you have stated or is this just word of mouth?

Regardless of the above was she paid for accrued holidays and either given a week's notice or paid in lieu of notice?

Has the employer responded at all to your ET1?

If so, do you have a copy of their evidence bundle?

Have they made any threats regarding costs?

mrpaul84

Firstly thank you for replying.

No she didn't write to them and wasn't given a weeks notice the employer has responded saying he couldn't remember her being at the work place and pointed out the fact she didn't sign on or out. The other employees of the place won't say anything as they don't want to upset the apple cart. Basically we have no evidence, this happened about a year ago and I believe any CCTV footage would of been deleted by now.

Thank you

viktory

mrpaul84 wrote: »

I’m writing on behalf of my girlfriend who is due to attend an employment tribunal that she took out against an employer after being sacked for not being the right person for the job in which she lasted one month. The employer failed to pay all of the wages owed saying she didn’t fill the time sheets in and he couldn’t recall her being at work on the disputed days. We are due in court in ten days time and have no evidence to say she was in work on those days other than the employer normally had three people work and on the days we are claiming for only two people show on the time sheets. I know this is a weak argument and wanted to know your thoughts on success and if we can pull out with no comebacks


Thank you

Wow, it was a year ago and you have NO proof? And you are going ahead? Good luck with that!!!

no-oneknowsme

viktory wrote: »

Wow, it was a year ago and you have NO proof? And you are going ahead? Good luck with that!!!

Cases can and do take this long to come up for hearing !

Op - you havent answered any of the questions Uncertain has asked you.....

Have your employers answered your partners ET1 ?

Have they got a solicitor on the case ?

Have you agreed a date to exchange witness statements and bundles etc ?

Hodgehappy

This guide may help which covers tribunals, good luck whatever you decide to do. http://www.londonlawcentre.org.uk/pdfs/Claimants%20Companion.pdf

mrpaul84

Yes they responded saying they don't recall her being at work.
I don't know about a solicitor and unsure about how we would find this out before the day.
And no witnesses involved the other employees wish to be kept out of this.

I think she should just pull out and hope for no comebacks.

no-oneknowsme

mrpaul84 wrote: »

Yes they responded saying they don't recall her being at work.
I don't know about a solicitor and unsure about how we would find this out before the day.
And no witnesses involved the other employees wish to be kept out of this.

I think she should just pull out and hope for no comebacks.

If the company had hired a solicitor to defend the case you would have received a letter from this solicitor informing you that they are acting on behalf of the respondent (employer). So , have you received such a letter ?

The matter has been running for almost a year now so you are bound to have been corresponding with some-one on the matter ?