Jump to content


Taken Employee's to court and...


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4582 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I lost an appeal and my employers solicitors are claiming expenses. This is a very large amount. Put simply they want a figure I just cant afford.

 

I am very sick and have little to no money coming in. However I have a cost hearing rapidly approaching and I would like a bit of advice regarding my options. In addition I have a couple of questions.

 

1. If I feel like I will be unfit to attend the cost hearing, what would you advise I do?

 

2. Do I need to go to court with specific things such as payslips, bank statements etc to prove my financial state. Also is there any chance the judge will show compassion or even waive the fee (because of my financial state)?

 

3. Can I withdraw my pension from my (now former) employers?

 

Thanks in advance for the help.

Link to post
Share on other sites

Hello there, sorry to hear about your problems. I hope we can help.

 

I'll leave the first part of your post to people who know more than I do if I may, and pick up the pension part.

 

You may be able to draw pension, depending on the type of scheme and its rules. Are you talking about taking it early, usually from age 55, or for ill-health reasons? The second one is harder to prove. Please tell me a bit more and I'll do what I can to help.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Yes, we need to establish exactly what's going on here.

 

Have you taken legal action against your employer and lost, or are you in the process of doing so and the respondant is trying to make an application for costs?

Link to post
Share on other sites

You may be able to draw pension, depending on the type of scheme and its rules. Are you talking about taking it early, usually from age 55, or for ill-health reasons? The second one is harder to prove. Please tell me a bit more and I'll do what I can to help.

 

My best, HB

Firstly thank you for the kinds words and yes I am talking about taking my pension early.

 

IS this a county court or employment tribunal court

 

Employment tribunal court.

 

Have you taken legal action against your employer and lost, or are you in the process of doing so and the respondant is trying to make an application for costs?

My case went to a mediation (my employers wanted this as opposed to going to court)

 

My employers knew that they were wrong and so were adamant to settle my case for a sum of money.

 

The money was laid out for me... I refused to accept it, instead wanting my day in court

 

However my employers claim that I did accept the money...

 

We went to court so a judge could settle the dispute (over who accepted what etc). The judge sided with my employers.

 

Now my employers solicitors want money to cover their cost...

 

and that bring me here, seeking some advice and help.

Link to post
Share on other sites

costs are not relevant in an employment tribunal court

 

the max deposit they could ask prior to trial is £500

 

a judge does not grant that request as a rule uness the judge considers the claim vexatious

 

i feel you are being stitched up big time

 

how much are they demanding

Link to post
Share on other sites

Ah, so the respondants costs haven't yet been granted? Is that right?

Sorry to keep asking questions, but we need to establish exactly what the situation is so that we can help you.

 

Has the respondants solicitor simply written to you demanding sum of money for their costs?

Has an application been made to the ET for the respondants costs?

Link to post
Share on other sites

Ah, so the respondants costs haven't yet been granted? Is that right?

Sorry to keep asking questions, but we need to establish exactly what the situation is so that we can help you.

 

Has the respondants solicitor simply written to you demanding sum of money for their costs?

Has an application been made to the ET for the respondants costs?

Correct the respondants costs haven't been granted yet.

 

and yes they have made an application to the ET for the costs.

Link to post
Share on other sites

Hello again.

 

I'll leave you with Rachel for now as well. When you're ready to discuss the pension, please tell me if you're over 55 and what sort of pension scheme it is, also how long you've been a member of it.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Correct the respondants costs haven't been granted yet.

 

and yes they have made an application to the ET for the costs.

Right, all is not lost then.

 

Don't panic, it's pretty much standard for respondants solicitors to threaten to apply for costs at ET, it's one of their main scare tactics.

Costs are only awarded at ET in a small minority of cases, if it's shown that the losing party had no prospect of success and their claim was brought for no other reaon than to cause the other side expense.

 

More questions, sorry.

 

Did the respondant, at any point prior to the hearing, send you any correspondance offering to settle the case that included the statement (usually in bold across the top of the letter) "Without Prejudice Save As To Costs"?

 

Did the respondant request to the Employment Judge that you should pay their costs at the ET hearing, and if so, how did the Employment Judge respond?

Link to post
Share on other sites

please tell me if you're over 55

Yes I am.

 

what sort of pension scheme it is, also how long you've been a member of it.

I do not fully understand what you mean by this.

 

What I do know is that I have a basic work pension and I have been a member of this for the past four years.

Link to post
Share on other sites

Yes I am.

 

 

I do not fully understand what you mean by this.

 

What I do know is that I have a basic work pension and I have been a member of this for the past four years.

 

Thank you. So it's an employer-sponsored scheme that you're a member of? It's likely you would need to go through the employers or their brokers to find out what would be payable by way of early pension, but after four years it isn't likely to be much. The State aren't likely to pay you any pension until you're 65+ [i forget the sliding scale], but you might be able to look at any other pensions you have.

 

Do you have a scheme booklet or any information in writing please? Without naming the employer, if you can tell me the scheme name, I should be able to tell you a bit more.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Right, all is not lost then.

 

Don't panic, it's pretty much standard for respondants solicitors to threaten to apply for costs at ET, it's one of their main scare tactics.

Costs are only awarded at ET in a small minority of cases

Well that's good to know:-)

 

More questions, sorry.

No problem. You as well as the other posters are doing me a big favour.

 

So thanking you and answering your questions is the least I can do.

 

Did the respondant, at any point prior to the hearing, send you any correspondance offering to settle the case that included the statement (usually in bold across the top of the letter) "Without Prejudice Save As To Costs"?

I do not believe that the respondant sent such a letter but I will search all my documentation to confirm this.

 

Out of curiosity if such a letter was sent what happens next? What are the potential implications?

 

Did the respondant request to the Employment Judge that you should pay their costs at the ET hearing, and if so, how did the Employment Judge respond?

This definitely did not happen.

Link to post
Share on other sites

Do you have a scheme booklet or any information in writing please? Without naming the employer, if you can tell me the scheme name, I should be able to tell you a bit more.

I will get back to you with this information ASAP

Link to post
Share on other sites

You'd have a fright first thing in the morning, believe me Post:madgrin:

 

You, young lady, have a brilliant sense of humour - I just spat coffee all over my desk lol

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

I must say it took me a minute to compute

 

must be getting old

 

S'ok post - we make allowances for men :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • 1 month later...

does the employer have proof you accepted their offer of money not to take this to tribunal or not?, have you signed anything on paper saying this at all? if not don't worry about it, your employer is running scared on the thought of going to tribunal it can ruin the reputation of a company, i would suggest that you also speak to your local paper and tell them your story to heap more pressure on your employer - name and shame them

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...