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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 7164
Experience:  Owner at James Bruce Solicitors
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I am going to employment tribunal. In October. If I decide

Customer Question

Hi I am going to employment tribunal. In October. If I decide to withdraw will in incur any legal fees from the opposition
JA: Where are you? It matters because laws vary by location.
Customer: I am in kent
JA: What steps have you taken so far?
Customer: We have a court date in October.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Don't think so
Submitted: 8 days ago.
Category: Law
Customer: replied 8 days ago.
Also. If I enter a SARs will it possibly lead to an out of court settlement
Expert:  james bruce replied 8 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter. 

Normally, with the employment tribunal, each party will pay for its own employment tribunal fees.

But ultimately, the  adjudicator will decide whether one side will pay the others costs.

If a party acted unlawfully, they could be asked to pay for their opponent's legal fees.

Customer: replied 8 days ago.
if I just withdraw my complaint they could ask me to pay their costs.
Customer: replied 8 days ago.
Can't call now. What about the SARs. Is this a good idea.
Expert:  james bruce replied 8 days ago.

If you withdraw the complaint, it is extremely unlikely you would need to pay the other sides costs.

As for SARs any out of court settlement is up to the two parties.

Customer: replied 8 days ago.
Does a SARs occasionally result in an offer from the oppo.
Expert:  james bruce replied 8 days ago.

Is has been know to happen yes. It really is up to the other side, if they hold their nerve or fold and make an offer.

Expert:  james bruce replied 8 days ago.

Can I assist or clarify anything further?

Customer: replied 8 days ago.
Ok sounds like I will go for the SARs. One more thing could I ask them for an out of court settlement? Say here is the SARs but if you settle for 10 grand I won't? Who do I send the SARs too? School governors? HR person. ( I am no longer employed by them)
Expert:  james bruce replied 8 days ago.

You would send it to the employer  (HR) they will then pass on to who ever decides this for them. You can suggest an out of court settlement

Customer: replied 8 days ago.
As I am unlikely to use a lawyer. If they do offer out of court. How does that work
Expert:  james bruce replied 8 days ago.

They would make a written without prejudice offer to you, meaning that they do not accept liability but are willing to make an offer to end any litigation. The offer would likely be a final settlement with a clause that you forgo all further litigation against them. Once signed and agreed they would send payment.

Customer: replied 8 days ago.
Ok James thanks very much for your help.
Expert:  james bruce replied 8 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.