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Employment tribunal withdrawal

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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    No that's not necessary just for notification of dates.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Thank you very much.
  • Hi there,

    Just to let you know I have a court case for October 25th.

    thanks
  • uknick
    uknick Posts: 1,769 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    OP, might I suggest you've reached the stage where you need some across the table legal advice.

    If I were you I would make an appointment with your local Citizens Advice Bureau. They should be able to give you free unbiased legal advice.

    If you do arrange an interview take along with you what the grounds were for your original ET claim, i.e. why you think they owed you holiday pay. Plus, if you have them, your ex-employer's witness statements. These will indicate their defence to your claim.

    On the basis of this one would hope the CAB advisor will be able to ascertain if you had a case to bring.

    If you did, it is unlikely the judge will award a costs order against you. As said previously, costs orders are only really successful if one party went to ET with no chance of success, i.e. the judge thought the party was being malicious against the other party. The CAB should also be able to help you with preparing your case against a costs order.

    A recent high profile example of an application for costs was in the Alan Sugar Apprentice ET case last February. Sugar applied for costs after winning the case but his application was rejected last month. This is despite the fact the original ET judge was of the opinion the case should never have been brought by the claimant.
  • Hi and thank you,

    I did go to cab and they couldnt advise me and they didnt really know about costs applications.
    they sent me a list of free.advice centers which could give 30 mins free advice and that was it.
  • Thanks very much daisy will await your reply mid week.

    Speak soon
  • Hi there just to let you know I have emailed the solicitor with copys of dmp ect
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Hi, that's great, well done. I am home tomorrow and will PM a letter to you Friday quoting the relevant law.

    Dx
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Thanks very much look forward to hearing from you
  • burnleymik
    burnleymik Posts: 1,391 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Just been reading this whole thread. Op, very best of luck with this.

    LazyDaisy, you are an incredible asset to these forums, keep up the great work!
    A smile costs nothing, but gives a lot.
    It enriches those who receive it without making poorer those who give it.
    A smile takes only a moment, but the memory of it can last forever.
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