UK Employment Law
Ask an UK Employment Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Can you please clarify what exactly happened?
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.
you mean it did not proceed?
Yes got to the court to find out it has been cancelled
was no notification sent in writing?
Only this morning i got the notification from the court
why was it vacated
I do not know But the defendant who is legally represented was aware about the postponement 2weeks before
ok thanks, XXXXX XXXXX check a couple of things and get back to you - you will get an email when I have responded, thanks
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.
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.
Thanks. Should I then write to the Court office?
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
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).