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ET lost case -cost order

2 replies

artosis · 23/02/2013 12:18

Hello
I am pretty shocked still as only yesterday after nearly 2 years I found out that I lost the case against my former employer - the actions had taken place when I was yet heavily pregnant.As I dont want to get into details of the case I have been told by Mc Kenzie friend that our case is strong and there was no doubts in his mind it was - but it wasnt.
I know my former employer will apply for the cost order but I dont know what I am expecting to see.I have to add that I have a partner who is in employment , I have no income and we relay on council in terms of our housing benefit.I am really terrified as it seems judge conculded that the case was misconceived however why was it accepted in the first place - I followed what my Mc Kenzie friend suggested and that the case was strong.
Can judge put cost order on me despite low income of my household ? I am really scared that now I will have to fight not to get myslef into debt just because I didnt have strong enough prove to win my claim.I am really stressed and until judge will let me know what the cost order is if any I wont be able to live like normal person so please any suggestion will be welcome :(

OP posts:
Mandy21 · 23/02/2013 17:43

I'm not an employment lawyer but as far as I know, the ET can't make a costs order - thats the whole point, unless there are exceptional circumstances. One of them is that the claim was "vexacious" - completely without merit, should never have been brought and you were only doing it to be awkward. There is a difference between vexacious and misconceived. If there was going to be a costs order, it would have been made at the time of the decision.

Like I say, please don't rely on my post as advice because I don't do employment but I believe that costs orders against claimants in your position are rare.

artosis · 23/02/2013 19:35

Thank you for your response :)
There was no cost order in addition to decision however my former employer have been told he can apply for cost order.It is such a nightmare that thinking about cost order on top of it makes it even harder to swallow :(

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