Withdrawing an Employment Tribunal due to health

AimeeX

Hi all,

Just wondered if anyone could offer some advice to me. I have a friend who has spent the last 18 months on an ET against her previous employer. Her claim was based on several points, including uncovering evidence of the employer defrauding the NHS, purposely underpaying employees, and putting her under undue stress and harassment when she discovered this.

The problem is that her mental health has been put under a severe strain from both her previous employment, the stress of trying to get her case heard, and external issues not relevant to the case. She's attempted suicide twice this year and is no state to continue fighting this case. The respondent has been pretty vindictive and manipulative in their way of defending their case, and when they wrote to her asking for a couple of grand in costs it was the last straw. My friend can't continue to represent her case due to her mental health and has to withdraw.

Can anyone offer any advice on how she might go about this? She still believes her case is valid, and that the fraud elements should really be investigated still, but she physically can't attend more hearings and postponements. She needs a clean break from it, as soon, and with as little additional stress, as possible.

I haven't seen any information anywhere on how to withdraw due to health issues, I presume she would need to include doctor's reports with her letter of withdrawal though.

Any help would be greatly appreciated!

tomtontom

No need to send medical reports, she just needs to write to the office dealing with her claim and tell them she wishes to withdraw her claim. She can give a reason if she wishes to but she is not obliged to.

AimeeX

Wouldn't she need to prove why to stop the defendants legal team trying to charge her their fees?

tomtontom

If the respondent applied for costs she would need to give further information. It is rare that an application is made though, even less so that an award would be made. The letter your friend received is a common tactic but usually an empty threat.

ohreally

An employer should always give advance warning if it plans to ask for an order that the claimant be made to contribute to its costs (Rogers v Dorothy Barley School [2012] UKEAT0013/12/1403).

AimeeX

ohreally wrote: »

An employer should always give advance warning if it plans to ask for an order that the claimant be made to contribute to its costs (Rogers v Dorothy Barley School [2012] UKEAT0013/12/1403).

They did send warning, after preliminarys. That was the final straw, she felt threatened as she is not in a financially secure situation to take that risk, and felt bullied out of the proceedings.

ohreally

Can she get assistance to support her through the hearing? Is her case sound (has she had an opinion)?

AimeeX

ohreally wrote: »

Can she get assistance to support her through the hearing? Is her case sound (has she had an opinion)?

She hasn't been able to secure any assistance, and although her case is extremely strong she just doesn't have the strength to be putting herself through any more of this right now. She just needs to put it behind her and focus on recovering, things have been difficult enough for her without constantly being set more hurdles to jump.

embob74

As somebody who has been through the tribunal process I completely understand how stressful it is. But to give up because the employer is asking for costs is a huge mistake IMO.
I would expect the majority of employers use a tactic such as this to scare off the claimant. It's probably standard practice.
In my situation I expected that but then my employer went a step further and slandered me. I was unable to do anything as I would have had to pay thousands to bring a civil case to court.
I thought about giving up lots of times but I had to see it to the end and I figured I had already lost my chance of working in the same sector again thanks to the slandering and I was adamant that I would not be bullied.
Please support your friend as much as you can and let her know that she is at a stage where she has probably gone too far to go back. Pulling out now could mean they lose more than if they lost the tribunal case.
I would actually take it as a positive that they are asking for costs as that means they are running scared and have to bring out the big guns. Costs are rarely awarded and your friend can file for costs as a counter measure.

ampersand

'I would actually take it as a positive that they are asking for costs as that means they are running scared and have to bring out the big guns' - agreed.

How are things for you currently embob74? No detail, just hoping you've come through things reasonably well.