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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50148
Experience:  Qualified Employment Solicitor
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I have been involved in an Employment Tribunal Claim in regards

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I have been involved in an Employment Tribunal Claim in regards ***** ***** Discrimination, Unfair Dismissal, and Equal Pay.
Having attended a Preliminary Hearing, the EJ has ruled that my Discrimination and Unfair Dismissal claims were not presented in time, and dismissed them.
The EJ has ruled that my Equal Pay claim was presented in time, but that “it has little prospect of success”, and has decided that I would have to pay a £500 deposit order to continue with the Claim.
My Doctor has also recommended that I not continue due to my Disability, and has written a letter stating that I cannot proceed with the Claim.
In all the circumstances, I do not wish to pursue the Claim.
My concern is that the other side will ask for costs if I don’t proceed.
In order to minimise the risk of costs being awarded against me, would it be better to notify the Tribunal that I do not wish to pursue the matter on the basis of the EJ’s assessment of “little prospect of success”, or would it be better to state that I am not proceeding on Medical grounds, or should I state that both issues are the basis for not pursuing the Equal Pay claim?
Any advice you can offer would be appreciated.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
If you were to withdraw a claim then the respondent could still try and make a claim for costs against you based on ‘unreasonable behaviour’. I would say that such claims are rather rare though as respondents are usually happy that they no longer have a claim to defend. What you could do is seek agreement from the respondent not to pursue costs against you. Such an agreement could be reached through ACAS, in which case it will usually be recorded in a COT3 agreement or directly between the parties, when it can be recorded as part of a settlement agreement. The employer would usually organise that if they decide to go down that route.
When advising hem of the reasons for not pursuing the claim you could mention both you have been told – the medical grounds and the prospects of success, although I would probably use the medical grounds as the main one.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.

Hi Ben

Thank you for the advice.

I wrote to the Tribunal and withdrew the Equal Pay Claim on the basis of both Medical Grounds and "little prospect of success".

Unfortunately, as feared, I have now received an Application for Costs from the Respondent.

I have started putting together my objection to the application, and am outlining the Relevant Factual Background.

This includes a number of administrative errors on behalf of the ET, which had they not happened, would have led me to withdraw earlier.

I have found some useful information on the Naomi Cunningham site

I am just wondering what is the best strategy I can write that will help persuade the EJ not to award costs.

Any advice would be greatly appreciated.

Hi it would be rather difficult to give any advice on this as I am not fully familiar with your case. I can't say what you can and can't use as I do not know exactly what you, the employer or the court did right or wrong. So it is really something for a lawyer that knows your case rather well to advise on