ET - Decisions

[noname84]

hi allI have posted various times about my ongoing situation - I have my hearing in Aug and due to submit my statement.I havent been able to write my statement I try to write it and get so stressed and end up having panic attacks I then end up not sleeping and generally going back months in terms of how I am feeling. I did go to a solicitor who said I had been unfairly treated, they did feel they had done things they shouldnt have done but didnt feel I would win based on them following the process correctly and only needing the belief I did something wrong so told me they wouldnt take my case as they didnt want to take my money for me to lose.So I am at the point where I feel I need to just drop the case, if I carnt bring myself to write the statement how on earth am I going to be able to turn up at the ET - I just dont think I will do, I dont want to face these people, hear the lies, go through the whole situation again. This has been with me for like 18months already I just want to move on.......What do you think my options are, can I do anything? my doctor recommends I drop the case and move on with my life. My mum is under the umpression I fight it and I could win some money! but I could lose and end up paying out money.I am torn I feel I cant do this, but dont want to live with the what if's.Can I pay somebody to write my statement and repersent me?what do you guys think.?

[Conniff]

If the professionals feel you don't have a case, that says a lot. But only you can make that final decision.

[becky2585]

If both your solicitor and GP are saying drop it, then that's probably what you should do. With respect to your mum, she isnt an employment lawyer and probably has no idea of what is needed to win an ET case and so telling you to fight it in case you get money isn't particularly helpful. If a solicitor has told you that you won't win, it's highly likely that's the case (they are gaining nothing financially by telling you this) and I can only suggest you listen to them.

 

It's always possible to instruct a solicitor to do the statements for you. We've taken on cases at every stage up to a day or two before the hearing! But it comes at a cost, which you now know you are unlikely to get back.

 

My advice would be to go to ACAS and try to achieve a low settlement, and if that doesn't work, get ACAS to negotiate with the respondent so that you have an agreement in place that you will drop the case and they won't go after you for costs.

[lbruk]

Has there been any approach to your for an out of court settlement?

 

Have you been to the Citizen Advice Bureau?

 

Your GP might say for you to drop it because it will solve the health problems that you are suffering from. In all honesty, if just writing your statement is proving to cause panic attack and sleepless nights, then how are you going to deal with the actual hearing itself, where an employment expert is going to be bearing down on you asking question about every aspect of your employment, and not in a nice way!

 

Sometimes its better to cut your losses and move on having learnt what you have learnt. You have to be strong to get through a tribunal, especially representing yourself.

[noname84]

if I decide to pull out of the claim whats the best way to do this then? I suspect they will chase me for money then! the thing is I know i did no wrong and I know they were just out to get me in the end to protect others within the business so i was never going to get my job back but i just cant prove this.

[becky2585]

Go to your ACAS conciliator and ask them to put an offer to the respondent that you will withdraw providing they don't chase you for costs. They'll then put some COT3 wording together, probably with confidentiality clauses, and once it's signed you can then confirm withdrawal with the ET.

[noname84]

to add to this, I have contacted my person at ACAS who is on holiday till next week and I am then cutting it fine with the dates for the statement to be completed by - seperate to this i have had another load of paperwork from the respondent to add to the bundle some of which I dont beleive is relevant and some ive not seen so it just gets worse and worse!!

[becky2585]

You can request an alternative conciliator to finalise the matter. In fact, your conciliator should have left a voicemail message on their phone with an alternative name and number for you to call.