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  • FIRST POST
    • tiredandfedup
    • By tiredandfedup 5th Jul 18, 9:21 PM
    • 3Posts
    • 2Thanks
    tiredandfedup
    Withdrawing claim to employment tribunal
    • #1
    • 5th Jul 18, 9:21 PM
    Withdrawing claim to employment tribunal 5th Jul 18 at 9:21 PM
    Hi all.

    I have been in an ongoing battle with my employer since last year, and last month I attended a Preliminary Hearing at an employment tribunal. The hearing was adjourned as I needed to amend my claim (which I have done) and to also provide a Scot schedule. This is due by tomorrow.

    Unfortunately, my funds are now depleted and I can no longer afford legal advice. I have had no luck with a no win-no fee solicitor also.

    I am struggling with the Scot schedule that is required...The judge has advised that the tribunal will continue until this time next year, due to the complexity of my claim (sex discrimination, disability discrimination, bullying, harassment, victimisation).

    This has taken its toll on me and I no longer feel like I can fight this organisation, especially on my own. My health is suffering considerably.

    How would I go about withdrawing my claim?

    Or should I just carry on, and see what happens? The company is refuting all I have raised thus far.

    I am still employed but signed off with Work Related Stress.

    Part of me wants to just drop the claim and my grievances, agree with work to draw a line under it all and to return - but unsure if I'm being naive.

    Any help would be greatly appreciated.

    Thank you x
Page 1
    • Brynsam
    • By Brynsam 5th Jul 18, 9:38 PM
    • 1,676 Posts
    • 1,232 Thanks
    Brynsam
    • #2
    • 5th Jul 18, 9:38 PM
    • #2
    • 5th Jul 18, 9:38 PM
    Part of me wants to just drop the claim and my grievances, agree with work to draw a line under it all and to return - but unsure if I'm being naive.
    Originally posted by tiredandfedup
    I don't think it's being naive at all - just very sensible. You won't 'win' the case - the nature of employment tribunals is that they are generally such a nasty experience for both sides that you end up with two losers (it's just that one side loses less badly than the other).

    Putting your health and peace of mind first is admirable.
    • Savvy_Sue
    • By Savvy_Sue 6th Jul 18, 12:17 AM
    • 39,168 Posts
    • 36,081 Thanks
    Savvy_Sue
    • #3
    • 6th Jul 18, 12:17 AM
    • #3
    • 6th Jul 18, 12:17 AM
    I think you're naive to think you'd be able to
    agree with work to draw a line under it all and to return
    Originally posted by tiredandfedup
    because unless something changes, you'll be going back into the same situation as the one that led to going off sick with stress, no?

    But withdrawing from the tribunal may well be sensible - the fact that you can't find a NWNF solicitor should tell you that your case is not as certain as you think it is.

    If you can get back to work and job hunt like crazy, or find another job before returning to work, that's probably your best option.
    Still knitting!
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    • tiredandfedup
    • By tiredandfedup 6th Jul 18, 12:41 AM
    • 3 Posts
    • 2 Thanks
    tiredandfedup
    • #4
    • 6th Jul 18, 12:41 AM
    • #4
    • 6th Jul 18, 12:41 AM
    Thanks both for replying.

    Itís clear thereís been a major duty of care / trust and confidence has been broken. The company are working through my grievances/closing them off. Theyíve mentioned moving me to another dept etc (but this is internal talk and not via the tribunal).

    I did have a few solicitors interested but there were hidden fees I simply couldnít afford. The money I did have was spent on advice over the past 10+ months.

    Factors in real life are shaping my decision too, so to say... my mother isnít well at all and I donít want to waste time fighting. Even though Iím in the right. Lose some battles to win the war, I guess x
    • Jackandn
    • By Jackandn 8th Jul 18, 8:50 PM
    • 23 Posts
    • 9 Thanks
    Jackandn
    • #5
    • 8th Jul 18, 8:50 PM
    • #5
    • 8th Jul 18, 8:50 PM
    Before withdrawing from the claim I would seriously consider a number of other factors that haven't been mentioned. Firstly it sounds your claim has been going on for some time and if you withdraw at what sounds a late stage it could mean that the tribunal may award money to your employer for preparing for this case and you would have to pay that cost. If however you go to tribunal and your case is not frivolous there would be no financial cost beyond what you have already paid.

    You can go to a number of pro bono organisations for help (such as the bar pro bono unit) to get legal help or go to your local citizens advice for a referral to other similar organisations. The thing you have to be clear on is why are you taking the employer to tribunal for financial compensation or justice?

    If you feel you can not represent yourself at tribunal you can ask a friend or family member to represent you on your behalf it doesn't have to be a paid solicitor.
    Last edited by Jackandn; 08-07-2018 at 8:55 PM.
    • tiredandfedup
    • By tiredandfedup 9th Jul 18, 10:18 AM
    • 3 Posts
    • 2 Thanks
    tiredandfedup
    • #6
    • 9th Jul 18, 10:18 AM
    • #6
    • 9th Jul 18, 10:18 AM
    Hi Jack,

    Is that still the case for a preliminary hearing? The 'actual' hearing was meant to be spring/summertime next year.

    I don't want to be penalised by the tribunal/respondent for not proceeding. My claim had merit but I'm too weak to continue. I'm mentally drained, my only real friend who was my rock in all of this has pretty much abandoned me. I don't have any money to continue the fight. My mum is in and out of hospital. I've never heard of pro bono. It's too late now, anyway, I've withdrawn my claim.

    I honestly just feel so very small and lonely and weak
    • sangie595
    • By sangie595 9th Jul 18, 10:45 AM
    • 5,642 Posts
    • 9,752 Thanks
    sangie595
    • #7
    • 9th Jul 18, 10:45 AM
    • #7
    • 9th Jul 18, 10:45 AM
    It was always very unlikely that the employer would have been awarded any costs. Even if your claim was ill conceived or deliberately frivolous, it's unlikely unless you had been warned of that. It doesn't just happen....

    Pro bono is also relatively rare - it happens, but getting a lawyer for free is based on a range of criteria and seldom happens. If it was common, then nobody would ever pay for one!

    Join a union. It's too late for this issue, but giving you fair advice and support is what they are for....
    • Dox
    • By Dox 9th Jul 18, 2:08 PM
    • 1,002 Posts
    • 788 Thanks
    Dox
    • #8
    • 9th Jul 18, 2:08 PM
    • #8
    • 9th Jul 18, 2:08 PM
    Hi Jack,

    Is that still the case for a preliminary hearing? The 'actual' hearing was meant to be spring/summertime next year.

    I don't want to be penalised by the tribunal/respondent for not proceeding. My claim had merit but I'm too weak to continue. I'm mentally drained, my only real friend who was my rock in all of this has pretty much abandoned me. I don't have any money to continue the fight. My mum is in and out of hospital. I've never heard of pro bono. It's too late now, anyway, I've withdrawn my claim.

    I honestly just feel so very small and lonely and weak
    Originally posted by tiredandfedup
    You're bound to have a reaction to something which has dragged on inconclusively for many months, leaving you with a sense of injustice. Accept that you will feel low for a while, but gradually the realisation that this isn't hanging over you any more will begin to take over.

    Contact your friend, explain what's happened, and see if you can rekindle that relationship to give yourself some support.
    • Jackandn
    • By Jackandn 9th Jul 18, 6:55 PM
    • 23 Posts
    • 9 Thanks
    Jackandn
    • #9
    • 9th Jul 18, 6:55 PM
    • #9
    • 9th Jul 18, 6:55 PM
    Hi Op

    I'm sorry to hear how down you feel. You may be fine and I assume you have withdrawn your claim through ACAS. It may be beneficial to seek assurance from your employer via the conciliation service that as part of your withdrawal they agree not to seek costs from you and such an agreement would be legally binding. For future join a union as an insurance policy and I know it's hard to take what has happend to you. But for now do what you can do and use the time you have off with stress to be with your mum and spend some quality time together.

    Peace and Love

    Jack
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