Advice employment tribunal case settlement received*

[mave429]

I am currently taking my previous employer to an employment tribunal. Case is constructive dismissal, racial & maternity discrimination and harrassment. Went through early conciliation and they refused to engage. I completed the ET1, I think they didn't expect me to. Anyway they sent their ET3 on the deadline date with a grounds for resistance. They want more info on dates for the racial stuff but defended all my statements of course but looking at their grounds of resistance, it is not at all consistent with my dates and my dates are accurate as there are emails and 1-2-1. I will be asking for disclosure etc. Anyway also stories have changed to what was in the 121. Anyway I am a bit confident with my case. A few days ago acas called and said the company wanted to settle for commercial reasons with a low ball offer. Tiny fraction to my remedy document. I have counter red with less that I was claiming but closer to my remedy requirements that theirs. The whole thing has been tress full so could do with a settlement but I refuse to just accept anything. Anyone have any advice of how I should play this. I am currently defending myself but of it carries on I am hoping to get help as I am covered with legal under my home insurance*
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[ULA]

This will become a negotiation now and in these situations the respondent will always start low with an expectation that they will probably have to settle at a higher figure. Part of the respondent's thinking will be that in trying to settle now there is some certainty on what they will be paying to you and also that they will be able to reduce their potential legal costs should it go to tribunal.

On your part you need to consider what is the lowest figure you would be prepared to take to settle this claim now and not go to a tribunal. Obviously as it is a negotiation you need to go in at a higher figure to start with in case you need to show some movement down as the respondent moves up.

Just on your legal cover under your insurance, have you already spoken to your insurer about this? Just because you have the cover does not mean that you will automatically get representation since they will want all the information on the case and then they will decide based on the merits of the case. If they do not believe the case has a good chance of success they may potentially decline to represent you under the terms of the insurance policy. *

Hope that helps but if you have any more questions as you go through this process then please come back to this thread.

[mave429]

Thanks for the reply. Yes spoken to the insurance. Initially when doing the ET1. To be honest I suspected they would settle as they have done with 2 prior cases though different to mine of course but they do bid for government tenders and they do want to protect that.*
I know what my absolute minimum so its just having to wait. They are using a well known solicitors too which I worried that they have endless resources and would fight it but commercially makes no sense to fight. Any still in negotiations as waiting for them to get back to me with their counter to my counter which could take a while*

[ULA]

Well done on already speaking to the insurers.

If you need any further help then you know where we are

[mave429]

Hi

Me again. Could do with some advice. So after I countered they came back with them saying they have no appetite but to settle for commercial reasons and how I had come up with my figure for settlement. Given that I sent them a schedule of loss in January, I am not understanding why they are then asking if I have a schedule of loss. Also they are then asking if I have legal representation. At this point I am not sure how to go forward. I wonder whether to get legal representation now coz I don't know what to do

[mave429]

Also this is an extract from their response to my counter offer

"They advised there is no appetite for the Respondent to settle for anything other than commercial reasons, however they have asked if you are able to provide the rationale/justification for the figure you have proposed. Sometimes this is referred to a Schedule of Loss."

I sent them schedule in January as mentioned above,

[ULA]

What you will need to do is update your schedule of loss up to the current date, given that you sent the last one over in January.

If you would like me to have a look over it I am more than happy to review before you send it over to them - you can PM it to me if you would prefer.

[mave429]

Hi thanks for the reply. Sent the schedule and basically rejected and sent their best and final offer and said that I have until 3rd March. No liability to be admitted etc etc and that they think they think they have good prospects of success and also that if I win less that what they are offering they will pursue costs nd if I lose they will pursue costs. The amount is lower than what I am willing to accept but at the same time them pursuing costs worries me and not only that I feel like they are throwing everything into it. So I don't know

[ULA]

Costs is a often used as a tactic but although as a norm Tribunals do not award cost, they have been known to do so in cases where there has been a vexatious claim, one where there are no reasonable prospects of success or where the claimant has acted disruptively or unreasonably. In the latter this has been used where an offer of settlement has been refused. Don't want to upset you but you need to know the full details on costs.

How far apart are you between there offer and yours. It there a figure higher than theirs but less than you are at currently that you could go back and say meet me on this figure and we have an agreement?

[mave429]

Thanks for your reply. I have been doing a fair bit of research and they have offer 5k which covers the basic award, loss of statutory rights, and additional travel costs as I have a new job and have incurred additional travel time. And about 1k extra but it's the injury to feelings that they have disregarded. This is mainly the maternity and racial discrimination part having had to be on anti depressants and receiving counselling and also being signed off. There are also issues about monitoring me picking up my child from nursery so I used the vento banding for this bit. I also have comparators etc. My ET1 wasn't a massive amount of detail but I named people for the direct and indirect race discrimination and the maternity is possibly out of time but have preliminary hearing in April scheduled. Anyway I read today abiut a case in Wales and sat through and read the facts of the case are extensive with specific dates, this is my only struggle as in specific dates I wasn't keeping a diary, but can do a time period etc. Anyway these are just some details for the background of my case to be honest. The figure is far off what I claimed 30k which yes I know is quite high but tbh 10 to 20 is where I wanted them to meet me. At this point I know I am at risk of having costs claimed against me but is it a reasonable for them to offer 5k and I accept? They are using quite a big solicitors and have all the resources.

[mave429]

Advise again - must be sick of me. So we have management orders and the next is to send documents which we will rely on. I sent a disclosure and additional information letter to the respondent’s representative and they have come back with they do not need to give me anything as we have a preliminary hearing in April. I was under the impression we still have to keep to the management order timetable

[ULA]

Please no worries, ask away.

Do you want to post up a copy of CMO or PM it to me if that is easier.

[ULA]

Thanks for the information. So, given the details of the CMO you sent me I presume you are in the phase of providing the list of documents that you are going to rely on at the hearing within 10 weeks of the date of the CMO.

I have to say I am under the same impression, however my one thought as to why they may have said this, is the April prelim hearing within the 10 week timeframe of the date of the CMO? In which case they may be trying to save themselves some effort in the event that the prelim hearing redirects or amends the original CMO which can happen.

Firstly, I would suggest you just do a double check on whether the other side is correct in their assumption, this can be done by making a call to the Tribunal. If they are incorrect then it would be a case of politely notifying them of this, you can even say you have checked with the Tribunal and requesting them to provide the list of documents they are going to rely on in the timescale specified in the CMO.

[mave429]

So the letters were all sent dated 2nd & 3rd January, the extract is from the letter dated 3rd so deadline is 13th March. This particular letter has the dates for the actual tribunal hearing in September. The preliminary is in April. We'll over 10 weeks from the date of the letter. I will call the tribunal and check. My list is not extensive to be honest but I assume they will want copies of whatever I list. Also do you know if all companies have or should have a monitoring policy. I asked for one from them as one of the allegations is that I left work early and was seen picking up my child from nursery. Though the 121 says one day it happened I was working from home. Stories have changed despite the documentary evidence. Anyway the reason being this was the last straw and for me so I needed to see a monitoring policy to see if they have something in place that they can monitor me outside work time. Also I didn't leave early
Anyway their solicitor asked me verbatim "for monitoring what" don't even know how to reply to that as I am having to justify why I need certain documents

[mave429]

I think the same as they were wanting to save time and money but they also didn't seem to have a copy of my schedule of loss though I sent recorded delivery but at this point I sent to the HO of the company because I had not heard from their legal representative until the last day of their ET3 submission. I am reaching maybe but I am suspecting they haven't properly prepared yet and are just hoping I take whatever they throw at me in terms of money