On checking the email sent to Court giving reasons why response should not be struck out, we did not receive those pleadings when they were sent, am i right to assume that all correspondence sent to the Court in respect of the case has to be sent the opponent at the same time??

Justice has been served, we won my daughters case Employment Tribunal case today which is good for a number of reasons, and in particular the giving right any woman has to be pregnant, give birth and not be punished for doing that, be it financially or more importantly morally wrong as to treat any women in this way.

Has been a very hard slog but today made it all worthwhile.

A special mention to BazzaS who has helped me out at the most crucial stage of this litigation, thank you.

We will be donating part of her compensation to this site, because, but for sites like this, a few more dodgy bosses would slip through the net.

Very well done, and thanks for letting us know the result

Justice has been served, we won my daughters case Employment Tribunal case today which is good for a number of reasons, and in particular the giving right any woman has to be pregnant, give birth and not be punished for doing that, be it financially or more importantly morally wrong as to treat any women in this way.

 

Has been a very hard slog but today made it all worthwhile.

 

A special mention to BazzaS who has helped me out at the most crucial stage of this litigation, thank you.

 

We will be donating part of her compensation to this site, because, but for sites like this, a few more dodgy bosses would slip through the net.

Congratulations on the success!

Did the tribunal examine the evidence, or reach its decision based on striking out their submission?

Did you make any application re: costs given their behaviour, and was there any costs order(s)?

Based on the evidence, the award was a bit confusing tbh, but that said it was the same Judge who did not address the unless order, and failed to strike out.

He awarded 10k for damages to feelings topped up by 25% uplift because of their behaviour and based on ACAS procedure not being adopted, awarded 4k for loss of earnings but clawed that back as to pay for the benefits my daughter had to claim for being dismissed, he said that would be pending and held by respondents?

No mention as to costs.

Evidence as it has been since day 1 was conclusive today, anything but judgement and giving how it got to trial would have been very questionable if we had to appeal.

Hello

You still have the option of applying for costs. Costs are not usually awarded, they are only awarded where the other side has behaved particularly unreasonably in the way the proceedings were conducted or where the employer's response had no reasonable chance of success. It sounds like you might have grounds here.

You can ask for them by making a written application to the tribunal, copied to the employer. In the application you would need to set out why you think the other side behaved so unreasonably in conducting the proceedings and what you are applying for (i.e. time spent preparing for the proceedings multiplied by the hourly rate of £33 an hour).

I'm not sure you'd get costs given that you already got an uplift as a result of the employer not following the ACAS code, perhaps your daughter just wants to put this behind her now, but if you think the employer has acted badly enough to justify getting stung for costs as well you might as well give it a go.

I linked to the rules in a previous post, the relevant parts are these:

75 - 'A preparation time order is an order that a party (“the paying party”) make a payment to another party (“the receiving party”) in respect of the receiving party’s preparation time while not legally represented. “Preparation time” means time spent by the receiving party (including by any employees or advisers) in working on the case, except for time spent at any final hearing'

76 - (1) A Tribunal may make a costs order or a preparation time order, and shall consider whether to do so, where it considers that— (a) a party (or that party’s representative) has acted vexatiously, abusively, disruptively or otherwise unreasonably in either the bringing of the proceedings (or part) or the way that the proceedings (or part) have been conducted; or (b) any claim or response had no reasonable prospect of success.

77 - A party may apply for a costs order or a preparation time order at any stage up to 28 days after the date on which the judgment finally determining the proceedings in respect of that party was sent to the parties. No such order may be made unless the paying party has had a reasonable opportunity to make representations (in writing or at a hearing, as the Tribunal may order) in response to the application.

79 - The hourly rate is £33 and increases on 6 April each year by £1.

Thanks for that advice Steampowered, appreciated.

Whilst it would not be for me to decide, the facts and more importantly the evidence from the start would strongly suggest there were no grounds to defend as my daughters work was never questioned and the procedures needed to be adopted were never followed, verbal, written warnings, this was highlighted at the pre hearing by the judge who ordered those facts to be considered, this despite my daughter not being employed for the length of time for that would mean an employer would have to follow those procedures, which as i understand is after a year.

Prior to that hearing the Respondent failed to provide the requested documentation that she could rely upon and present at the grievance meeting which never took place because the Respondent was being obstructive in not following ACAS procedures which i know is not set in stone, but non the less a factor.

I explained to the tribunal yesterday that non of the directions giving at the pre-hearing would followed by the Respondent or his legal representative, which would include evidence being exchanged as to rely on, on two separate dates, the bundle being agreed but considered yesterday, my daugters statement not being giving as part of the trial bundle.

They continued to ignore directions and this could have lost my daughters claim yesterday because the letter from CAB that indicated my daughter had maternity rights and was giving to her employer which triggered him into dismissing her 72 hours later was conveniently left out of the bundle and the trial judge said that this piece of evidence was central to the case.

In the end we had to email the Court the proof of this during the proceedings, via an i-phone and as it turned out and in his judgement vital as to establish discrimination on the grounds of my daughter being pregnant.

Prior to the hearing i asked for an unless order as to prevent what happened yesterday but the Court never gave indication to that application and in effect superseded that procedure by giving a " warning as to strike out the response" their legal representative gave a story that i was not legally qualified and his reasoning why my repeated request for evidence to be put in the trial bundle, were because oh him being on holiday, sick or out of the office which was a feeble set of excuses but one the Judge considered as to confirm the trial would go ahead the next day.

The respondent and his legal representative and in my own opinion concealed most of the evidence that undermined their case, which was weak in any event, ignored procedures as for the chance, to chance their hand on the day of the trial which they succeeded in doing, and this nearly worked because the letter from CAB was not included in that trial bundle.

In a nutshell because my daughter was not legally represented by a qualified solicitor, and but for this, they would not have got away with what they did, which evidently was to bend the rules of the tribunal which unfortunately were allowed to do which is not how justice should be allowed to be considered.

You've done well with this. It doesn't sound like the other side's representative was very good. It doesn't sound like they conducted themselves as you would expect most solicitors to act (you do not necessarily have to be a solicitor to represent people in the employment tribunals). The vast majority of solicitors will carefully follow all court/tribunal orders, given that there are adverse consequences for their client of failing to do so.

It does sound to me like you have a good reason to ask for costs calculated by estimating the time spent by you and your daughter in preparing for the case at the rate of 33 pounds an hour. I think the strongest reason you have to justify an order for costs is that the Respondent repeatedly and seriously failed to comply with tribunal orders.

I don't think being off-sick or on holiday is any excuse. Legal representatives are expected to ask for an extension in advance if they cannot meet a deadline, not just ignore it, and are expected to arrange appropriate holiday cover by colleagues. If the legal representative is sick they might get away with things being a day or two late, but not several weeks late.

The courts and tribunals unfortunately do not have the resources to monitor whether or not the parties to a dispute have properly complied with case management orders. In an ideal world the tribunal would give a good kick up the bum to people who miss deadlines but in reality the tribunal just doesn't have the manpower to do this. The main stick for getting people to comply with case management orders is the risk of an adverse costs order if they mess around.

Thanks for that Steampowered,

Are there provision or procedure that their representative can agree with the costs? without an order.

Ive got no problem going through this channel as a means of trying to recover some costs but as this has been conducted through ACAS are their protocols in place that need to be followed in such event.

On a personal note this case has basically overtaken my life as i was so determined to secure a bit of justice for my daugther which was my main objective, however giving in the manner and giving the complete ignorance to procedures that their solicitor maintained, maybe a cost against his company will deter him from acting as if we had no rights, in the future.

Kindly advise.

If the respondent agrees to pay costs then, sure, you don't need an order. You could always try writing to the respondent saying that you intend to apply for costs given their conduct but would invite their proposals to compromise. To be honest, given their performance so far, it sounds very unlikely the employer would agree to pay costs unless ordered to do so by the tribunal.

As you have been through tribunal proceedings, the role of ACAS is at an end. There are no more ACAS protocols to follow. If you want to apply for costs, the procedure is to make a written application to the tribunal within 28 days from receipt of the judgment. The application would be made in a letter to the tribunal (copied to the other side) and the other side would then have an opportunity to respond. The application would probably be dealt with on paper if it is clear enough, although a further short hearing is possible.

It is totally up to you how to proceed. It sounds like you have achieved full unfair dismissal compensation so it would be completely understandable if you now want to call it a day and put this behind you and your daughter. On the other hand, if you do want to make a costs application, you can get help with that on here. There is no certainty that you would get costs but it sounds like you would have a reasonable chance.

The way that i see it is that they were fully prepared to rely on the proceedings as a means of trying to achieve a judgement in hope rather than on facts of evidence, so if they have chanced their arm, my daughter should do the same as to costs.

Throughout the whole process which would include conciliation with ACAS i tried to compromise an agreement with the Respondent and on the basis of "AS TO SAVE COSTS" but to no avail, so the opportunity was giving and ACAS were surprised that they would not compromise.

Based on previous cases i estimated the claim for about 8k but would have settled at that time for something in the region of 5k which ACAS felt was a reasonable as well, they offered £500 and even on the eve of the trial with ACAS they would not budge so again offered £500 which again which i refuted as being a reasonable offer giving the circumstances.

I am minded to make an application for costs and would appreciate any help on getting the ball rolling, thanks.

What does your daughter want?

Emmzzi, thanks for reply.

She wants to make application for costs, i would rather put the whole matter behind us, but i can see her motivation as to make life as difficult for those who have made her life so difficult.

If my daughter is entitled to make an application for costs, i would assume if she lost her case, the respondent would be seeking the same order, if allowed?

If the respondent or the respondents legal representative are liable for legal costs because they have not followed the procedures or directions of the tribunal i would assume that they would be aware of the risks that have ultimately allowed them to do that in the first instance, just my opinion, i am not legally qualified, but rules are there, and i would assume, no-one is immune from following them.

Personally I'd be leaving it a week and letting her do the research herself. Emotions are probably a bit high just now? Effort vs potential reward doesn't add up for me

At the end of the day it is entirely my daughters choice if she wants to pursue a claim for costs.

On a personal basis and giving the way a father has seen his daughter treated which evidently was morally disgusting, i would encourage her to give the needed effort and claim what she is fully entitled too regardless of her being qualified, there is no difference.

The way to kick this off would be an application to the tribunal along the following lines. The below is a sample of what that might look like. You need to amend it to suit your case.

You need to send a copy to the respondent's legal representative, and state in the covering letter that any objection ought to be sent to the tribunal as soon as possible.

--

[Address of Respondent's legal representative]

Dear Sirs

Application for a costs order; [CLAIMANT] v [RESPONDENT] Case Number: [NUMBER]

[i am the claimant / I act for the claimant] in the above matter.

In accordance with rule 76(4) of the Employment Tribunals Rules of Procedure 2013 (the 'ET Rules'), I am writing to request that a preparation time order be made in respect of the claimant's preparation time while not legally represented in the amount of £[ ].

Rule 76(1) provides that a Tribunal may make a costs order or a preparation time order where it considers that:

(a) a party (or that party's representative) has acted vexatiously, abusively, disruptively or otherwise unreasonably in either the bringing of the proceedings (or part) or the way that the proceedings (or part) have been conducted; or

(b) any claim or response had no reasonable prospect of success.

With regards to Rule 76(1)(a), the Claimant believes that the Respondent acted unreasonably in the way that the proceedings were conducted. In particular -

- the Respondent failed to follow the ACAS code because [insert briefly the reasons specified by the Tribunal when deciding the case];

- the Respondent failed to comply with the Tribunal's order dated [date] which provided for evidence to be exchanged by [date] and failed to respond adequately to the Claimant's repeated attempts to encourage disclosure on [date] and [date];

- the Respondent failed to cooperate with the Claimant with regards to preparation of the bundle; and

- [anything else?]

With regards to Rule 76(1)(b), the Claimant believes the response had no reasonable prospect of success because [if this was the Tribunal's view, briefly state the reasons specified by the Tribunal when deciding by the case. If it was not the Tribunal view that the Respondent's case was hopeless, then delete this bit.]

The Claimant estimates that her time spent in preparing for this case (excluding time spent at the trial itself) amounts to [specify] hours. At the rate of £33 an hour, the total amount sought is £[ ]. The amount of time spent is far greater than it might have otherwise been as a direct result of the Respondent's failure to comply with case management orders and failure to engage with the Claimant in relation to its non-compliance, or to otherwise explain why it had not complied, with said case management orders.

I confirm that I have complied with rule 30(2) of the ET Rules by providing a copy of this letter to the Respondent and notifying the Respondent that any objection ought to be sent to the Tribunal as soon as possible.

I am happy for this application to be dealt with on paper and do not require a hearing. I look forward to hearing from you.

Yours faithfully

................................................................

[Your name]

cc [Respondent's legal representative]

Would appreciate some advice on the legal entity of the employer who this case was against, because there was a dispute as to the name on which the respondent was to be known as.

This was the first question the employment judge at the Pre-hearing addressed as she had done a search on the company via companies house and the company was not listed.

She ordered that within 14 days the respondent disclose the legal entity of her we were affectedly suing, the company came back and stated it was the owners wife? , who as i understand matters had nothing to do with the company.

I objected because i was by now very suspicious that the Company was trying to engineer a way out of being liable in the event that we proved our case.

So i made application that the boss who is the owner and has always been the owner of the company be listed the first respondent, his wife as being within the bracket of and others, this was granted by the tribunal on application.

My theory and to remove such doubts like the company being wound up if they lost the case was to have him listed as the Respondent which would give us more options and on the assumption that as an individual, the burden of any awards would be against him and his assets rather than the company.

Giving the history of this Company and their legal advisor's, whilst i may be jumping to conclusions, i want to be fully prepared now if this becomes an issue when the compensation should be paid. Thanks

Who is named in the tribunal order? If it is person individually, then that should be fine, if he doesn't pay then you'll be able to reach a stage of sending bailiffs round.

Yes its the individuals name that was altered and named rather than the company.

The individual gave a witness statement and gave evidence at trial, what period of time is normally allowed to pay compensation Steampowered? Am I correct into thinking its 14 days from judgement, kindly advice.

Thank you for your advice on the letter of cost claim as well, is useful and I am drafting subsequent letter this afternoon, cheers.

Congrats and well done.

Thank you

Could someone kindly advice the time period from judgement to paying any order made is a fourteen day period?, or a longer period of time.

And does the Claimant need to contact the Respondent or the respondents legal representative to discuss any compensation awards on or before the time allowed has expired, thanks.

The time for payment is 14 days from the date of the order. See Rule 66 in the ET rules of procedure Bazza linked to earlier in this thread.

I'm not aware of any rule which says you must contact the Respondent in order to get paid, but it would nevertheless be sensible to do this. A simple letter/email to the legal representative enquiring as to when you can expect payment would suffice.

Thanks again Steampowered