Withdrawal Letter-Urgent Help Needed

fabio11

Dear All,
Can someone pleae help me with the wording of withdrawal letter I am writing to ET.
I am withdrawing as it is draining me emotionally for last 6 months and hearing is next summer so I cannot bear the stress of another year like this for 20-25K comensation.

I dont want to lose my face and appear that I am withdrawing as I cannot proof my accusations. Can anyone please add/delete (preferably any legal wording) in the following letter.

I will be thankful if someone does it before the end of today as I have to send it soon.

Dear Sir,
I want to withdraw my ET Claim ........ I stand all the claims I made in ET3 but due to some personal family issues I am not able to continue with this calim.

I reserve the right to take legal actions if I suffer any losses due to my previous employer actions.

Yours faithfully,
...

fabio11

13 views and no reply. Come on guys please help if you can

jobbingmusician

I'm not sure you can reserve the right to take legal action, as ETs have to be brought within 3 months of the offence happening. How would you be intending to take such legal action? I guess that for some issues you might be able to take action through the small claims court or county court, but this is likely to be far more difficult than an ET.

If you withdraw your action, there is a risk that your employers might pursue you for expense they have had in preparing their case so far. Are you sure you couldn't continue, with help from here? You could also ring the ET office to ask their advice in wording a document to withdraw your ET.

If you are determined to drop the case, have you thought of writing to your employer saying that you would be prepared to drop your case for a nominal payment? £500?

If you are determined to continue with your withdrawal, here is an amendment of your letter with some corrections.

Dear Sir,

Re: Case number (insert number here)

I am writing to withdraw the case listed above. Although I stand all the claims I made in the ET3 I submitted, I am not able to continue with this claim due to some personal family issues .

[STRIKE]I reserve the right to take legal actions if I suffer any losses due to my previous employer's actions. [/STRIKE] (You might want to reinstate this sentence if anyone has any better advice than mine).

Yours faithfully,
...

fabio11

Yes my ex employer has assured that they will not pursue me for costs if I withdraw before tomorrow. I dont want to take any nominal compensation as they will definitely include a gagging clause in it and I dont want to be tongue-locked for rest of my life.

I have added the sentence for reserve the right as there were rumours that my ex-employer will write (or make anonymous phone call) to my new employer suggesting I am not Good Character person. It will count as discrimination and victimization of the previously offences that have happened thus I may conisder ET appear under special circumstances.

suicidebob

fabio11 wrote: »

I have added the sentence for reserve the right as there were rumours that my ex-employer will write (or make anonymous phone call) to my new employer suggesting I am not Good Character person. It will count as discrimination and victimization of the previously offences that have happened thus I may conisder ET appear under special circumstances.

Are you of good character?

SarEl

Ah Fabio11 - you do keep popping up. You were told not to make a claim, you were told you had no case. If you wish to withdraw then as advised above you simply withdraw the claim - you don't get to reserve any rights. Proceed, or don't. If you attempt to go a half way course your employers will be within their rights to pursue damages. There are no special circumstances you can proceed under. You give it up (and I still suggest that you do - as I did when I told you not to make a claim) or you don't. At this moment in time you have the opportunity to withdraw withouit costs, and as I told you previously - there was a risk of costs because your claim isn't evidenced.

fabio11

My ex employer assured me for not pursuing the costs through ACAS. Can I please add the line that My ex-employer has assured for not pursuing the costs through ACAS?

ohreally

Bear in mind, a gagging clause is likely to be two way.

I'd sit the proccess out, now that you've come this far.

McKneff

You were advised months ago not to go ahead with this case. youve put yourself through all this misery for absolutely nothing.
Anybody ever said to you that you are your own worst enemy.

Move on Fabio and have a good life. Good luck to you.

Annie

SarEl

ohreally wrote: »

I'd sit the proccess out, now that you've come this far.

Seriously - I wouldn't ! The OP stands at risk of ending up with costs, believe me. I know it isn't common, but the OP was told not to claim and that he had no case. And was warned about the risk of costs.

fabio11

Thanks everyone
After all these stresful months, emotional draining, weight loss, hair loss, relationship breakdown, poor performance at new job, and ruining my friendship (if there was any) in my previous company, I am withdrawing.
Well now I can see it was worst deciosn but at that time it seemed right one.

One more question

My ex employer has sent this assurance in email throough ACAS. I have not signed anything to ACAS or ex-employer. Is it binding or should I wait before signing it leagally and then withdraw the claim.