Lost Employment Tribunal and face huge costs - help please

[ScottM]

Worst day ever.

 

I lost the ET for unfair dismissal as Judge ruled case was misconceived. I had no representation. Case lasted three days.

 

Other side asked for costs in excess of £38,000 and Judge referred it to County Court to assess my finances.

 

Very upset as have four kids and worried they will make us sell our home to pay.

 

Can anyone help me with advice as to what I can do next?

 

Thanks

 

Scott

[bonnygirl]

Can you not appeal go to CAB for advice as soon as possible.

[Sidewinder]

Can you give any information about the basis for the case, the Tribunal's reasons for awarding costs. Presumably you went ahead despite there being no basis (it was decided) for the case? Was this not presented as a possibility prior to the hearing? I know you were self-represented, but who advised you on the claim itself?

 

This is a HUGE amount of costs and is significantly higher than anything I have ever read about. Unless your conduct has been particularly unreasonable I don't believe for a minute that they will get anywhere near what is being claimed, but naturally that is of little comfort at this stage. The County Court procedure is not just an assessment of your ability to pay, but also for a detailed assessment of what is being claimed. You undoubtedly need professional advice before that hearing to show that the claim is unreasonable, and you will need to know how the amount being claimed has been arrived at. The decision will though take into account all assets, including equity in property.

[madari]

Hi,

 

Sorry to hear that your case did not go the way you wanted it to go, however,I am concerned that if the judge,as you state, ruled that the case was `misconcieved `then this should have been identified by the ET well before the case had even got to a full hearing, and therefore should have ruled very early on, for you to put down a deposit.[at a case management discussion]instead of making a `costs order` against you at a later date.[which initself borders on bias]

 

On that basis you have an absolute right of appeal [as an error of law]to the EAT [employment appeals tribunal] where you will also recieve free legal representation.Provided that you are granted an appeal

 

Good luck

[ScottM]

Thanks for your replies

 

One of the many odd things that happened was that the Respondents asked for a pre-hearing review but the Tribunal refused. This encouraged me the case had merit. I would never have proceeded if I had dreamed costs of this nature would even be possible.

 

Am I right in thinking that if I appeal to the EAT then I can ask for a delay in the County Court assessment?

 

I am going to the CAB in the hope they can refer me or assist me with some legal advice

 

Scott

[madari]

HI Scott

 

The county court assesment hearing will not go ahead until the outcome of any EAT judgement.

 

On a final note, have you received the written judgement yet?

 

Good luck.

[RachelMD]

Can you elaborate as to why the Employment Judge thought your claim misconceived?

[ScottM]

Many thanks - I think I will appeal to an EAT. Would the CAB help with that or do you do it yourself? I don't know much about the EAT process and appreciate any comments.

 

I have not received a written judgment yet but the Judge said "The case was doomed". If there had been a PHR and that was said then, I would have withdrawn and not be in such a mess.

[madari]

Hi

You can do it online....make sure that you ask for representation under the employment lawyers appeals advice scheme [elaas] on the form.

 

But first you must wait for the written judgement to be released.

 

let us know how you get on

 

Good luck

[ms_smith]

Worst day ever.

 

I lost the ET for unfair dismissal as Judge ruled case was misconceived. I had no representation. Case lasted three days.

 

Other side asked for costs in excess of £38,000 and Judge referred it to County Court to assess my finances.

 

Very upset as have four kids and worried they will make us sell our home to pay.

 

Can anyone help me with advice as to what I can do next?

 

Thanks

 

Scott

 

First of all, if any amount of money they can ask you to pay is the maximum cap which is 10,000. Otherwise, only claimants who had representation pay any other additional costs they endured throughout the process (such as costs of their own lawyers).

So, again, in your case it may be only that maximum of 10,000 Pounds. May - if you don't appeal successfully.

 

Hm, sorry to hear you have lost, anyway. Any idea why?

Fancy giving us some details what has happened that led you go to the Tribunal?

Regards

Edited October 17, 2011 by ms_smith

[Sidewinder]

Sadly not true. The maximum that the ET can award is £10k but they can also - as in this case - refer the costs issue to the County Court for determination.

[ms_smith]

Sadly not true. The maximum that the ET can award is £10k but they can also - as in this case - refer the costs issue to the County Court for determination.

 

 

Yes, you're right, actually...

Have just read they can, in special circumstances only, impose higher amounts to pay.