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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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I am the claimant the case management was vacated on the morning

Resolved Question:

I am the claimant the case management was vacated on the morning of the case and the defendant seemed to have been aware 2weeks before. I have wasted my time and preparing. There are conflicting stories from the court. Should I be asking question. The defendant is fully represented, I am a litigiant appearing by myself
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Can you please clarify what exactly happened?

Customer:

the case was vacated as I was inform by phone and because I could verify the id of the caller, I headed to the court.

Ben Jones :

you mean it did not proceed?

Customer:

Yes got to the court to find out it has been cancelled

Ben Jones :

was no notification sent in writing?

Customer:

Only this morning i got the notification from the court

Ben Jones :

why was it vacated

Customer:

I do not know But the defendant who is legally represented was aware about the postponement 2weeks before

Ben Jones :

ok thanks, XXXXX XXXXX check a couple of things and get back to you - you will get an email when I have responded, thanks

Customer:

Thanks. It is important to know that the defense alerted me by email a day before of cancellation, but when I went to the court to serve more papers the court office reminded me to be at the court for the CMC and that it will go ahead.

Ben Jones :

Hello again, the issue here is why the hearing was postponed, and whether it was due to the tribunal's own initiative or following an application by the other side.


 


If the reason for the cancellation was solely decided by the tribunal, they should have informed you as soon as possible in order to minimise any potential disruptions. Depending on the time left before the hearing, the way they communicate with you about this would vary. A few days beforehand you will probably expect to get a letter. Cancellations at short notice will probably be communicated by phone as it is the most expeditious method.


 


If the cancellation was due to an application by the respondent, they should have sent you a copy of their application to the tribunal. So if this was done a couple of weeks before the cancellation, you should have been kept in the loop.


 


The issue is that if the above was not followed you cannot expect anything from the tribunal at this stage and this is something that may eventually be dealt with at the end of the claims process where the tribunal could order costs against the respondent if it was their error that you were not informed in time. However, you must show that actual losses have actually been incurred and a mere inconvenience or your own time in preparing will not be covered.

Customer:

Thanks. Should I then write to the Court office?

Customer:

I have already obtained judgement by default on this claim to which they were able set aside on technicality and I told the court that they were trying to waste time and wearing out my resources knowing that I do not have resources to them to court. If indeed they have asked for postponement, what do i do ? as it took two year to effect action because of financial situation

Ben Jones :

if you believe either the tribunal or the other party has not acted appropriately in this case then you can write to the tribunal to highlight these issues but as mentioned not much would be done at this stage and any remedy can only really be considered at the end when a final decision has been made

Ben Jones, Solicitor
Satisfied Customers: 38563
Experience: Expert in UK Employment Law
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