Employment tribunal - how much to claim???

Uncertain

fabio11 wrote: »

Be careful before making any ET calim as you may be counter-sued to pay the respondant fees which can be in Thousands or tens of thousands.

In addition to being very rare indeed for costs to be awarded there is also a maximum which, from memory, is around £8K.

Sadly, quite disgracefully in my view, it has become the norm for respondents solicitors to write intimidatory letters threatening costs. Again, from memory, costs are awarded against claimants in only around two percent of cases that are lost - so about one percent of all cases. Finally, for any realistic chance of having costs awarded against them a claimant would have to ignore some pretty strong advice from the judge that a case is not worth pursuing.

zzzLazyDaisy

Uncertain wrote: »

In addition to being very rare indeed for costs to be awarded there is also a maximum which, from memory, is around £8K.

The tribunals now have the power to award up to £10k, but if the costs are significantly more, they can order costs to be taxed and decided by the county court. However, it must be stressed again, that the tribunals very rarely use these powers.

Sadly, quite disgracefully in my view, it has become the norm for respondents solicitors to write intimidatory letters threatening costs.

I agree, I think the practice is deplorable. The EAT made some very robust criticism of this practice, and in fact I think the employer was ordered to pay costs in that case (I'm speaking from memory, I'll try and find the case)

Edit: Here we are - its Simms v McKee

http://www.bailii.org/uk/cases/UKEAT/2006/0518_05_1603.html

fabio11

Here we are
John Lewis is claming costs from unsuccessful employment tribunal case

http://www.dailymail.co.uk/news/article-1354857/John-Lewis-sex-discrimination-Bottom-slapping-victims-case-thrown-out.html

Uncertain

fabio11 wrote: »

Here we are
John Lewis is claming costs from unsuccessful employment tribunal case

http://www.dailymail.co.uk/news/article-1354857/John-Lewis-sex-discrimination-Bottom-slapping-victims-case-thrown-out.html

There is a big difference between "claim" (especially in the Daily Mail!) and actually getting them!!

The hard statistics are as LazyDaisy and I have indicated. Also, there is no indication if this individual proceeded with a weak case against the judge's advice at a case management hearing.

zzzLazyDaisy

fabio11 wrote: »

Here we are
John Lewis is claming costs from unsuccessful employment tribunal case

http://www.dailymail.co.uk/news/article-1354857/John-Lewis-sex-discrimination-Bottom-slapping-victims-case-thrown-out.html

1) it is the Daily Mail
2) the article says that JL 'has made an application for costs' - employers do occasionally make an application for costs - few such applications are actually granted
3) the article reports that the tribunal found that the claimant had embellished the facts and his evidence was generally unreliable. If the facts reported are correct, this was a malicious and unfounded complaint of sexual harassment against an elderly woman which would fall squarely within the ambit of Rule 40
4) no-one is saying that costs are never awarded against claimants in any circumstances - the fact that this particular case has made the national press should give an indication of how unusual this is.

Yes costs can be awarded, yes it happens occasionally, but it is extremely rare indeed, and certainly not something that should prevent an honest person from making an employment tribunal claim.

EDIT: cross posted with the above

fabio11

Can someone please help me answere following question?
In Employment tribunal, can someone produce documents as proof (though documnets are true but were not obtained in a legal way)?

fabio11

To gather evidence to support your case, can someone tapre record the incidents without the knowledge of person being taped?
and if yes, can it be produced to employment tribunal as proof?
Thanks for your help.

Uncertain

fabio11 wrote: »

To gather evidence to support your case, can someone tapre record the incidents without the knowledge of person being taped?
and if yes, can it be produced to employment tribunal as proof?
Thanks for your help.

In some cases yes.

It is not illegal to tape record (even covertly) a conversation that you are party to. However, publishing the recording to any third party can have legal implications (Human Rights)!

It is not legal to record a conversation if you are not there (i.e.bugging).

Tribunals and appeals have allowed and upheld the use of covert tape recordings in some circumstances.

Google Amwell School as an example.

fabio11

Thanks but can you use documents obtained by some insider contacts instead of getting them in a legal way. Morover do you need to disclose source of those documents?
Thanks

no-oneknowsme

fabio11 wrote: »

Thanks but can you use documents obtained by some insider contacts instead of getting them in a legal way. Morover do you need to disclose source of those documents?
Thanks

are you saying that someone who still works for your ex-employer has given you documents which could help your case ?

I cant answer your question as to whether or not you would be able to use the documents if they are gained in this manner (because I dont know the answer to it to be honest lol) but what I would suggest is if transpires that you cannot use them you could always resent to your ex employer a subject access request which means they would have to release to you all the documentation they hold in relation to you.

If you are able to ask for the document in question specifically then you may well stand more chance of getting it released to you.

Just a suggestion but if you were able to post some more details then maybe you would be able to get more advice from others here on the board.