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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70811
Experience:  Qualified Solicitor
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Its abit of a long question, The uk, I am going though a

Customer Question

Hi its abit of a long question
JA: Where is this? It matters because laws vary by location.
Customer: The uk
JA: What steps have been taken so far?
Customer: I am going though a tribunal at the moment
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that i can think of just wanted some clarification
Submitted: 7 days ago.
Category: Law
Expert:  Ben Jones replied 7 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 7 days ago.

Hi there. Please explain your situation in some detail and please also provide me with the reason for the claim. Thank you

Customer: replied 7 days ago.
Hello, im in an employment tribunal at the moment due to the lack of a risk assessment done while i was pregnant and also regarding discrimination. The company's solicitor has sent me and email today saying if i lose the case that they will be claming court costs from me as they dont think i will win and that its not an important matter saying that while i was working i didnt send emails asking for a risk assessment or anything to aid me while working. I feel this is a threat from them to withdraw, also the fact i have postnatal depression and currently on furlough i one dont have the money to claim and also feel that its playing to my mental state
Expert:  Ben Jones replied 7 days ago.

OK thank you. Please can you tell me how long you worked for this employer?

Customer: replied 7 days ago.
3 and a half years
Customer: replied 7 days ago.
Are they allowed to do that?
Expert:  Ben Jones replied 7 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

It is not uncommon for a costs warning to be made during tribunal proceedings, where the respondent advises the claimant tat their case may not have reasonable prospects of success and if they unreasonably continue with it, they may potentially be penalised in costs.

I appreciate that you may not be in the best state of mind at present but that does not prevent them from adopting this approach as it is their legal right to do so, if they genuinely believe that this is the case.

Do bear in mind though, that just because there is such a warning and you lose, it does not automatically mean that there will be costs against you. The respondent will still have to make a costs application to the Employment Tribunal and then the Judge will look at it and your conduct and determine if such a costs order is appropriate in the circumstances. They will look at whether your case was genuinely weak and more importantly – if it would have been reasonable for you to know that and you still continued with the claim, resulting in an unreasonable behaviour by you and unnecessarily incurring further costs for the other party.

If you acted in good faith and genuinely believed that you have a valid claim, even if you lose you may not necessarily be hot for costs. What I cannot say is which way it will end up. You are best advised to seek formal advice to determine if you do hve reasonable prospects of success and then you can at least use that opinion to proceed with the case in good faith and challenge any costs application, should one arise.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 7 days ago.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.