ET hearing costs

[madari]

Hi

You must write to the employment tribunal ASAP and explain to them in you letter that as you are an `unrepresented claimant and without the benefit of legal advice you were subjected to pressure from the other side to withdraw your claim and you did so under duress and would like your claim to be reinstated in the intrest of justice.

 

Also in your letter request for a PHR so that the matter can be resolved in an open court.

 

Any delay in writing to the ET will make matters very difficult for you, you must act fast.

 

Dont let them get away with it ....the costs threat is an idle threat.

 

Good luck

[madari]

Hi

 

Dont worry about the costs threat, just write to the Et and as I have suggested.I must stress do this ASAP!!!

[madari]

I must stress that you MUST write to the ET and request a PHR immediately....you have nothing more to lose.

 

Further I cannot PM you as your box is full

 

M

[madari]

The argument here is simple, `without the benefit of legal advise an unrepresented claimant was pressured into withdrawing her sex discrimination claim`.

 

Further,if there is going to be the threat of a `costs order made against the claimant` hanging over the claimants head at this difficult time then the ET should be asked to make a `deposit order` that way every one knows where they all stand.

 

But first thing is first....write to the ET.

 

Good luck

[madari]

Hi Sam

 

Your thinking is correct, if you are ordered to pay a deposit then it is up to you to continue with your claim by paying the deposit or withdrawing your claim.

[madari]

Hi

 

How it works is that you write to the tribunal instead of wasting valueble time.

 

You should be writing to the Et ASAP and demanding a PHR and a deposit order instaed of a costs order against you.

 

If you have not sent anything in writing by the end of to-day before 5:00pm then I will not bew wasting any more of my time on your issue.

 

Good luck

[madari]

Madari do you not think that Sam1888 has endured enough pressure (as she has pointed out in her question she was pressured into making a decision she regrets). I am not legally trained, but I do empathise with her as a human being and an unrepresented one at that. I think she may want to consider advice before acting. I feel your comment "I will not be wasting any more of my time on your issue" is putting more pressure on her.

 

Pro, you are misintrepreting my comments, I also empathise with her but the problem is that if anyone is seeking an amendment to their claim then they MUST ACT QUICK otherwise you can forget it. Unfortunately thats how the system works.

 

What I am trying to get accross to her is that it is no good keep asking for advice on here when she has nothing to lose by sending the ET something in writing and at the same time keep posting for more advice on here.

[madari]

Hi

 

It is very difficult to advice on a claim that we know little about.

 

[1] What has the old letter you keep referring to got to do with your current claim? you can object to this document being part of your claim if it has no relevance.

 

[2] It is highly unlikey that you will be granted a review...you shoulds have requested a PHR instead of a review.

 

[3] All you can do is wait and see , the problem is that if you are not granted a review then you must appeal to the EAT within 42 days of your withdrawing your claim.

 

I strongly urge you to seek good legal advice before it is too late.

 

Good luck

[madari]

Hi

 

A review is basically revisiting the judges own decision, If you say that there is an impending PHR then i dont see what the problem is.

 

As for the EAT it is a long drawn process but at least if you are allowed an appeal on a`point of law` then there is free representation under the elaas scheme.

 

I still urge you to seek legal advise.

[madari]

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Edited May 24, 2012 by madari