FAO: Ben Jones JACUSTOMER-9igxa7ajI contacted you in June re an ET claim, TUPE breach of rights, constructive dismissal, sex & age discrimination and breach of contract (against an employer & an employer who bought the company & 2 personal claims against 2 Directors for bullying and harrassment) and you gave some useful advice. The ET Hearing scheduled for 14/15 June was postponed to 2/3 August. I have reviewed my claim and wish to withdraw the claims against the Directors. The evidence against them is out of time and muddies the waters for the other claims for which I have strong and relevant evidence. How do I go about withdrawing this part of the claim? do I contact the ET & or the respondent representative? I also need to take out quite a lot of documents from the bundle; again liaise with the respondents re the bundle?thanks Pam
Hello and thank you for your question, which I will be happy to assist you with. Please remind me if you had the same claims against the employer company and then personally against the directors?
well, the claims are
1. Breach of contract
You would need to write to the ET and make it clear what you are withdrawing. So if you are keeping the actual claims but removing some respondents then be clear about that. For example state that you wish to withdraw X as a respondent from the claim of breach of contract, discrimination, etc. but that you still wish to keep the employer X Ltd as a respondent. At the same time send a copy of your letter to the ET to the other side's representatives
any further comments
Apologies I missed the second part of your query. If you need to take any documents out of the bundle then you resolve this directly with the other side, you do not need to ET's permission to do so
Let me know if you need me to clarify anything else
I write to the ET and withdraw the claims for bullying and harassment against these 2 individuals cc respondent? do i need to refer to the fact that this bullying was part of the constructive dismissal claim, because I am still claiming constructive dismissal. Does this remain as a claim against the 2 companies? to withdraw the personal claims clarifies the constructive dismissal as a company v me issue
you do not have to go into detail. The claim will continue against the company in the same way. So you do not have to justify why you are withdrawing the directors
any specific phrases I need to use to the ET to comply with Rules of Procedure?
The rule you need to refer to is Rule 25, so say that under rule 25 you wish to withdraw the claim of XX against XX
I will have to go offline shortly but will be back on this evening. Please let me know if you need any further help with your query and I will get back to you tonight. If you do not, I would be grateful if you could please quickly click to rate my answer and choose one of the following options: OK Service, Good Service or Excellent Service. If you feel the need to leave a lower rating, please reply to me first with any further questions you have. I will be happy to assist further and clarify anything you need me to. Thank you
as the hearing was postponed, presumably the joint bundle is up for mutual agreement still?
as the hearing is 2 weeks away the joint bundle is still up for negotiation?
Thanks for your patience. Until the bundle has been finalised and submitted to the ET (which usually only happens the day of the hearing anyway) it can be negotiated with the agreement of the other party.
Specialist in UK Law with expertise in UK Employment Law
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