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Employment Tribunal Case Won But It Feels Like A Loss.

Its the last day of your Employment Tribunal hearing and you have just been awarded compensatory cost but it feels like you have just lost. A different outcome where you got more cost awarded and you probably may feel the same way. Sometimes it’s difficult to explain. 

Many times the respondent do not get what you feel they really deserved. About half of the cases that get to the final hearing are dismissed for lack of merits. Many claimants fail with claims due to poor preparation and/or poor representation at the hearing. For the successful claims, it may feel like a defeat.

It is worse if the claimant had acted unreasonably during the cause of the proceedings as sometimes, this will be reflected in the cost awarded to them (Case No: 1805235/2019). In this case, the tribunal ruled that "It is just and equitable to reduce the basic award by 33% to reflect the Claimant’s conduct prior to the dismissal". 

Even though the deductions were as a result of the claimant's actions prior to dismissal such are the powers and laws that would be applied if the claimant had behaved badly during the proceedings.

I had a chance to look at a ruling where the claimant had resigned to claim constructive dismissal in 2017. He lacked preparation and lost the claim. It is very difficult to win a constructive dismissal, claimants need to know this. 

You won your Employment Tribunal but it feels like a defeat. I am not talking about a case you have a bad representative or lost like those discussed above. I am talking about an Employment Tribunal case where everything seems right, went right but after the final hearing, it feels like you have lost because of the emotional distress, the bad experiences you had. 
And though you got a compensatory cost awarded to you, there is still the emotional void. You won, shouldn't you be excited? The respondent is walking away disappointed that they had lost and yet you feel like the price has not been paid. 

It is worse when you have had to pay legal fees amounting to almost half of what you have been awarded. Maybe you have had to wait for months while the respondent just plays you around during the disclosure stage. Employment Tribunal cases takes months and a couple of years to conclude. 

Eventually its over but you have lost 18 months worrying and preparing about the employment tribunal proceedings. The whole process from the start to the final hearing could affect anyone's health. It is worse if the respondent uses bad tactics to upset you through the employment proceedings. I wrote an article recently about "How to represent yourself in a hearing"; perhaps you are in the process of starting one, this might be a useful resource. 

There are some claimants who are able to use the insurance legal help. You may need to check if its included in your car insurance. This could actually save you thousands on legal fees but the loss is not just monetary terms, it goes beyond that.

Time heal wounds, be thankful as some cases similar to yours are lost as a result of poor representation. Please leave a comment below. I would love to hear about your experiences. You do not need to go into full details of your case. 


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