Withdrawing from employment tribunal
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dswood1
Posts: 19 Forumite
Dear all
I began the process verus my old Employer for unpaid bonus and commission. I attended the preliminary hearing and the judge asked both parties to provide further information prior to another hearing. In his notes to me he suggested I take legal advice as there are challenges facing me if I wish to proceed and win the case. 2 weeks ago a family member passed away. I wrote to the tribunal saying that as much as I want to continue I cannot in good conscience devote the time to planning this given my vastly changed family situation and consequently I'd like to withdraw. Admittedly I was 2 days late in responding to the order. Everything has been all over the place.
The judge did mention that if I proceeded and lost my it may set a situation up where costs can be asked from my former employer. Obviously it hasn't gone this far as I have cancelled the process before the full hearing.
The defence solicitor has said he will contact my former employer to ask if they wish to seek costs.
Does anyone have any information on whether I will have to pay these? I just don't want the stress any more. Have to be here for my cousin as he's at rock bottom. Not knowing the full nature of the legal aspect involved in the tribunal I've obviously not considered this fully, notwithstanding the fact that I genuinely feel my case was legitimate.
I began the process verus my old Employer for unpaid bonus and commission. I attended the preliminary hearing and the judge asked both parties to provide further information prior to another hearing. In his notes to me he suggested I take legal advice as there are challenges facing me if I wish to proceed and win the case. 2 weeks ago a family member passed away. I wrote to the tribunal saying that as much as I want to continue I cannot in good conscience devote the time to planning this given my vastly changed family situation and consequently I'd like to withdraw. Admittedly I was 2 days late in responding to the order. Everything has been all over the place.
The judge did mention that if I proceeded and lost my it may set a situation up where costs can be asked from my former employer. Obviously it hasn't gone this far as I have cancelled the process before the full hearing.
The defence solicitor has said he will contact my former employer to ask if they wish to seek costs.
Does anyone have any information on whether I will have to pay these? I just don't want the stress any more. Have to be here for my cousin as he's at rock bottom. Not knowing the full nature of the legal aspect involved in the tribunal I've obviously not considered this fully, notwithstanding the fact that I genuinely feel my case was legitimate.
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Comments
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Anyone any help?0
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I think the telling point here is that your solicitor is contacting your former employer to ask if they wish to seek costs. If he didn't think they had an option to claim, it's likely he wouldn't be making the offer.
He may explain the circumstances in a bid to put them off though.0 -
It's strange as no cost warning was issued at all. The judge said that if I went to the tribunal and lost it should raise the liklihood of costs being raised. Obviously I stopped the process. Are judges likely to allow costs to be made up to that point even if my claim was genuine?0
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Possibly. It's difficult to say.
Really your situation would be much better suited to small claims court.0
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