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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I lost a case in the employment tribunal, and a costs order

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I lost a case in the employment tribunal, and a costs order against me for £20,000 because it was (falsely) claimed I had brought a vexatious claim. I had no representation, because I was in great financial difficulty...it went on for over two years, 5 preliminary hearings, 5 day trial...now I have asked for a reconsideration because of a large number of anomalies, and recent online victimisation by the employees of the respondent
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
Because of the anomalies during the trial, and the victimization which happened between the judgement and the costs hearing, I raised a complaint to a regional employment judge, and refused to attend the costs hearing, or supply any information, because the respondent's employees were using my personal details to victimize me. I sent a long letter to the judge, complaining about the bias in the trial and asking for a reconsideration, listing many of the salient points, including evidence of the victimisation, which he then sent to the respondent's solicitor, (copying me in), and asking for their comments within 7 days. That time has now passed, and I have heard nothing from either the tribunal nor have I had any interaction with the respondent's solicitors, not even a copy of their comments.
Customer: replied 2 years ago.
It seems to me that I now have limited options which are time sensitive and need my urgent attention, i.e. appeal the decision, raise a new claim for the victimisation, or wait for the tribunal's decision (by which time the new claim for victimization will very likely be time-barred. Please can you advise on my situation.
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Do you have specific questions about this situation?
Customer: replied 2 years ago.
Firstly, should I have been copied in to the reply from the respondent, if they have made one in the 7 days that they were given?
Customer: replied 2 years ago.
Secondly, should the judge make a decision on a reconsideration before the time for appeal is spent (which I believe is about 42 days?
Customer: replied 2 years ago.
Thirdly, am I entitled to have all relevant documents disclosed during the disclosure process, and if so, can a judge decide that a document which would have conclusively proved my case is not necessary and refuse to order disclosure, and then later blame me for not "taking him to it" in the evidence bundle? And is this grounds for appeal?
Customer: replied 2 years ago.
Fourthly, since I brought my case, it appears that to bring a new case one has to first go through ACAS, before going to the tribunal. However, if I have already brought a case, and have then been victimised as a consequence of having brought that case, do I still need to start the process again to bring a case of victimisation?
Expert:  Jenny replied 2 years ago.
1. Do you know that the respondent has replied? Have you now seen a copy?
2. Has a the judge made a decision in fact? Has this been commuicated to you?
3. Yes, if this has happened it is grounds for appeal.
4. Yes you would now need to engage ACAS to start a new (fresh claim) of victimisation.
As you can see I have been able to answer 2 questions but not the first 2, please provide the additional information and I will help with those.
Jenny and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.
In reply to 1 & 2: 1. I don't know if the respondent has replied or not, I have heard nothing. I received the costs order, I replied to that, and the tribunal wrote to the respondent asking for their comments within 7 days. That is the last I have heard from them. 2: I'm not sure what you mean by a decision in fact. The tribunal made their decision in April that I had lost my case, and I was notified in writing with reasons (many of which were inaccurate, untruthful and/or unfair). I was exhausted! I'd struggled to get a job, to keep us financially afloat, my husband had had an heart attack with all the stress, and at the time when the decision was made, I was under notice of redundancy. I mentally couldn't go on. I had no idea that they could land me with such a massive costs bill, so I didn't think I had to keep fighting. I was not vexatious by any stretch of the imagination. But then the respondent's solicitor wrote to me saying they were claiming £20,000 in costs. That's when I attempted to complain about not having had a fair trial, and that's when I realized the extent to which I was biased against, because staff at the tribunal were refusing to give me the contact details for the relevant person to complain to, I had to ask four times, before I got a sensible response. That person, a regional employment judge, has admitted that the admin staff did not treat me right, but said she had no power to change any of the other things that I complained about. It was when I started to complain that I was then victimised, though I knew I'd been stalked silently online for over a year prior to this. Some other things that happened were that written submissions made by me were deleted from their servers without being read, and the judge made at least one judgement believing that I could not be bothered to answer his request for comments, (which I then had to ask him to reconsider.) I also received a letter purporting to be from Business, Innovation and Skills, halfway through the trial, which asked me to take part in a survey. The letter was dated the first day of the trial, and stated that they were contacting people who had won their case(which I clearly couldn't have done at that point), and had been awarded a monetary settlement in the ET. I've investigated this research, and have an email confirming that this research was completed two months before my trial. I believe it was sent deliberately to unsettle me. There were many other incidents.
Expert:  Jenny replied 2 years ago.
Please bear with me while I prepare a response.