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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44871
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If the Judge does not award anything for me for an Employment

Customer Question

If the Judge does not award anything for me for an Employment Tribunal case of Disability discrimination.
Are there any costs that the Judge can award to the Respondent?

Are there any costs I have to pay to get the witnesses to the tribunal under order?

If the judge indeed awards any amount to me for hurt feeling and some discrimination can I also include costs?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Costs are not usually awarded in tribunal claims. That means that each side pays their own legal costs. However, in certain circumstances the employer can requests costs from you but only if you have acted unreasonably in the proceedings or have pursued a claim that had no reasonable prospects of success, despite being told that this is the case. You will not have to pay any costs to get a witness to attend.
Customer: replied 3 years ago.

I have no lawyer. It is obvious that the Respondent will always say you have no success of winning.


Does that count?


or is the judge that would say this prior to the case as a form of warning?


 


and how can the hurt of feelings be assessed if there are no witnesses accounts to describe the level of discrimination and harassment?


 


It it is very difficult to assess this and therefore impossible to know the outcome of the witnesses and cross examination.


 


 


 


 

Expert:  Ben Jones replied 3 years ago.
No there has to be a genuine and justifiable argument that you have no prospects of success and the tribunal had to agree to it as well As to the compensation that will inevitably involve a degree of speculation but the judge will determine the appropriate level
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44871
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

I have had two Case managements already because the Respondents are trying their best to all the possible legal trickeries and try to through the case out.


 


So if the judge has not thrown it out yet and has not said that "I have no prospect of winning" after seeing a large files of documentation and the ET1 started in november 2011 then there is something in my case.


 


And i should take note of this and reassure myself of this that there is a case to answer? (so there will be no costs awarded against me) (unless of course i have deceived or did something severely wrong in the process or disclosure etc. etc. )


 


 


 

Expert:  Ben Jones replied 3 years ago.
The warning as to costs can come at any time so there is a potential it may still happen. Until you are formally warned just carry on as normal

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