Employment Tribunal/County Court - Same Case Twice!

[MagicMedicMan]

I took my previous employer to an Employment Tribunal and won the case (Unfair dismissal/refusal to pay outstanding wages etc). My employer filed a counter claim, which was also dismissed (Breach of contract/training costs).

 

My previous employer has submitted a claim for the same counter claim at a county court.

 

I have written to the court to request that the case be struck out and the court has asked my previous employer to clarify that they are seeking the same 'costs' my previous employer has confirmed that they ARE seeking the same costs.

 

I have received a hearing date from the court.

 

Why has this happened - Can this not just be struck out without a hearing?

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[ericsbrother]

Try phoning the court and asking them. If they dont know it may not have been looked at by a judge yet and if that is the case you need to fill out one of the dreaded N forms to ask for it to be struck out. You will have to look up the number of the form. Even after filling out and filing form you may not hear anything until the allocated time as not all judges have the time to read their paperwork ahead of time.

[obiter dictum]

How can your previous employer place a claim in the county court that has been subject to a prievous claim at the Employment Tribunal Service. If he has any gripes it will be needed to be appealed on a point of law to the Employment Appeals Tribunal (EAT)

 

You need to confirm though but this does seem an abuse of process and a vexatious litigant

[MagicMedicMan]

I would agree C W K! The Court did order that my ex employer clarify whether this was the same amount as sought by a counterclaim. The ex employer HAS CONFIRMED that this IS - I have received notification that the hearing is in October!

 

I have sent an email to the court requesting that the case be referred to a District Judge for further consideration and that it be struck out!

[Sidewinder]

Just make sure that you follow it through - even going through the process of entering a defence (ie that the claim has already been determined in your favour and the claimant's case should be struck out as an abuse of process) - you don't want to be caught out on a technicality!

[MagicMedicMan]

Sidewinder - Thank You!

 

Ive come this far - Not a chance in hell of me giving up now!

[stevemLS]

Generally you can't just send an email, the court require everything to be done according to the CPR.

 

You need to file an N244 General Application.

 

You are applying to have it struck out as an abuse of process and you are relying on the doctrine of res judicata ("the matter has already been judged").

[stevemLS]

And sidewinder is right, get your defence in on time if need be, but you can't make applications within a statement of case, it needs a seperate application.

[steampowered]

Strike-out applications would generally be dealt with at a hearing, not on paper. Especially if you haven't provided the court with the information it would need in order to make a proper assessment of what was decided at the Employment Tribunal. Presumably you would need to provide the court with a copy of the statements of case and a copy of the order/judgment from that hearing in order for the court to make that assessment.

 

Presumably you have filed a Defence within the proper timelines?

 

If they have simply issued another claim for an issue which was already decided by the Tribunal, I would prepare a schedule of costs ahead of the hearing and try to claim all the time you have spent on this case at £18 an hour - see http://www.consumeractiongroup.co.uk/forum/showthread.php?326875-***Change-to-Litigant-in-Person-Rate***.