How late can you withdraw an Employment Tribunal Claim?

dampsquib

I have a friend who is taking her ex-employer to an ET in July. She's seeking advice, but now thinks she may have to withdraw and pursue a court action instead. She fears that even if she wins at the ET, she may 'lose' in view of the limits which apply to ET cases.
How late can she leave it? Obviously, the sooner she does it, the better for all concerned, but how late can you leave it? She's still hopeful that there will be an offer at some point.
Can you withdraw your claim the day before?
Can you withdraw on the hearing day itself?
Can you technically even withdraw in the actual hearing before the judge rules? I appreciate that he's not going to be happy if you attempt the latter.
I offered to post here for her as she's not in to the internet. I'm hoping I can find the answer for her from amongst the wonderful MSE community! Thanks.

monty-doggy

Has the court acknowledged the claim yet? If she has a hearing date she can pull out right up until the day before, but she can check all the facts free of charge by contacting ACAS. If she has heard back from the court with a date, she should receive a letter and a phone call from an ACAS advisor who will talk her through the process.
My personal advice would be to wait until the very last minute because its highly likely her employer will make an offer before the court date.

I took my ex employer to tribunal earlier this year. They are such a big company and I didn't have confidence I'd win but I had nothing to lose and didn't use a solicitor as I couldn't afford it. The court date was a Friday, and the Monday before I received a call from the ACAS advisor letting me know my employer was offering 50% of the amount claimed to settle out of court. I said no but I would settle for 75%. He called me back within minutes, they accepted my counter offer.

This way I didn't have to face them in court, or feel intimidated and go through the whole palava,and risk not winning.

I hope this helps, please do utilise ACAS, it's what they are there for

Pricivius

You can withdraw at any point but be aware that the other side can apply for their costs on the basis you acted unreasonably. It is unusual, but is becoming more common as more and more Claimants are bringing claims and then not turning up for the hearings. As I say, costs are rare but it's a risk she should be aware of.

There's nothing to stop her making an offer to settle, by the way...

My other thought is if she genuinely has a high value claim, she really should get legal advice. I can't remember the figures for the average payout at Tribunal - they are available online - but it's nowhere near as high as people think. It would be unusual for the County Court to be the correct forum...

dampsquib

Thank you monty-doggy and Pricivius for your replies.
Apologies for being slow to offer my thanks, but I'm away on holiday.
I'm pleased to report that the employer made my friend an offer, and after a little further negotiating, a 'bird in hand' deal was struck. Not quite the 'two in a bush' she'd hoped for, but much better that the 'chick' she'd originally been offered.

Takeaway_Addict

dampsquib wrote: »

Thank you monty-doggy and Pricivius for your replies.
Apologies for being slow to offer my thanks, but I'm away on holiday.
I'm pleased to report that the employer made my friend an offer, and after a little further negotiating, a 'bird in hand' deal was struck. Not quite the 'two in a bush' she'd hoped for, but much better that the 'chick' she'd originally been offered.

lol nice analogy

dampsquib

.... and I completely missed the 'chique' pun:)

claireloupul

Hi there,

I have had to withdraw from a et case, I gave 28 days notice and now the solicitors have asked for a application of costs.

How likely will they succeed?
I was asking for £189 in unpaid holiday pay and they are asking for in the region of £2500 to £3000.

They have put the application in late last night.

Thanks in advance

jobbingmusician

I think the advice you have been given on the other thread is fab, and they are very unlikely to succeed if you send them the recommended letter!

(That isn't a 'dig' for posting in 2 threads, BTW. You are obviously anxious. But I do think you've had great advice and should not have to pay costs. I stress, however, that I am not legally qualified, just a long in the tooth employer! )

claireloupul

Thank you,

I've sent my letter off so fingers crossed.

Will let you know.
I didn't see it as a dig in the slightest.

Thanks again

claireloupul

I would be interested to see if anyone has withdrawn a case and how much notice was given and if anyone had a application of costs against them and what happened.

Thanks