Employment tribunal withdrawal

claireloupul

Hi there,

I hope someone can help.
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.
I also asked a while ago for a offer to resolve and they declined.
They have put the application in late last night.

Thanks in advance

spacey2012

Very likely, do not start any legal proceedings you are not prepared to see through to the end.
Expect a CCJ claim.

zzzLazyDaisy

spacey2012 wrote: »

Very likely, do not start any legal proceedings you are not prepared to see through to the end.
Expect a CCJ claim.

This is just scare mongering.

OP as a general rule, tribunals don't order costs against an applicant unless it can be shown that the applicant acted vexatiously or maliciously.

In other words, if it was clear from the outset that the employer did not owe you any money, but you kept on regardless in the hope they would pay you off to make you go away. Even then, in my experience, the chances of the tribunal awarding costs are still not very high.

It might help if you can tell us what made you decide to withdraw your claim, if a date has already been fixed for the hearing, if so when the hearing date is, and if witness statements and documents have already been exchanged.

Did the employer at any point send you a 'costs warning letter' - basically warning you that if you continue with your application and lose, they will apply for costs against you?

All these are things that the tribunal will take into account.

In any case (unless things have changed since my day) there will be a hearing on costs before the tribunal makes any decision.

claireloupul

Basically,

I can't attend I have tried everything to get out of work and I can't
So I asked the ET what my options were an then they sent a letter saying
If you would like to withdraw please do so in writing so that's what I did.
Also the solicitor did send me a costs warning but only if it proceeded to a tribunal.

Thanks for your help really appreciate it.

zzzLazyDaisy

Okay, that's fine. Next question - how do you know the respondent has applied for costs? Did they send you a copy of their application?

Assuming this is the case, I suggest that you write to the tribunal explaining what happened, which is basically:

I refer to the respondents letter dated [insert date] seeking costs against me for withdrawing my claim. I wish to object to the respondent's application.

The hearing was listed for [insert date of hearing]. I tried to get annual leave but my employer refused this request. I wrote to the tribunal to ask what my options were and I was asked to let the tribunal know if I wished to withdraw my application. The respondent had already sent me a letter warning me that if I pursued my claim to tribunal they would seek costs against me. I felt bullied and harassed, and since my employer would not give me time off work to come to the tribunal, I felt that I had no alternative but to do as the respondent asked. I feel that it is very unfair that the respondent is seeking an order for costs against me for doing exactly what they requested of me, which was to withdraw my claim.

With regard to the respondent's statement that they sent me a letter how and why the costs had been calculated, I ask the tribunal to note that this is incorrect. The respondent simply warned me that they would apply for costs if my claim proceeded to a tribunal (see copy letter attached)

yours etc

Attach a copy of the respondent's costs warning letter to your letter

Hope this helps

Edited to deal with the dispute concerning the respondent's costs letter

claireloupul

Yeah they emailed myself and the court

Thanks

claireloupul

Maybe not such a application but a worded email is what they sent to myself.

claireloupul

They also said they sent me a email detailing
How an why the costs were conveyed and they didn't
They sent me a figure and said they would apply for costs
If it proceeded to a tribunal.

claireloupul

Thanks very much for that.

Do ET normally award costs in this way?

Thanks

zzzLazyDaisy

claireloupul wrote: »

Thanks very much for that.

Do ET normally award costs in this way?

Thanks

They can do if they think you were being deliberately vexatious in claiming for something that you clearly were not entitled to. But it is rare for costs to be awarded in these cases.

claireloupul

Hi there,

I did say I would give you a update.
After your advice I sent off my letter and
I called them the following Friday and they
Said the judge still had the file and they
Would hear early the following week.
It's been nearly a month now and I've
Heard nothing I was expecting a letter
To say either way but nothing saying its going
Further or not going further so I still don't know.