Tribunal help....

[N80rbo]

my thoughts are, they have just enough info to assume we will struggle, no impact statement nor any other evidence produced, but don't want to spend time /money on what could be a long drawn out case with potential compensation awarded against them in the end, plus their costs increase every time me and their solicitor speak thus still costing them, i feel they don't want to take a chance in tribunal.......thoughts please
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[ULA]

If I understand correctly it sounds like the respondent's solicitor is potentially looking to see if there is the potential for settling the claim.

This is always worth considering if a reasonable settlement can be agreed and means that the stressful situation of an employment tribunal is avoided and also having the outcome decided by a judge. Even what seems to be the most solid of cases for a claimant get found in favour of the respondent and then the case is lost. From the respondent's side they may make a commercial decision that it is best to settle the claim now and avoid building up legal costs, which they may not be able to recover.*

Just to let you know the most recent Vento rates I can find is that less serious cases are in the range of £900 to £8,800.

I believe the solicitor is correct, once P45's and P60's have been issued they cannot be amended, however you can check this directly with HMRC, although they may be very busy currently they are usually very helpful on things like this.*

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[N80rbo]

Yes, same vento rates I have, I have also found cases of one off acts of discrimination, one being Base Children's wear Ltd v Otshudi....... Which paid £16kfor injury to feelings on basis of one harassing act..... There's many more. On the p45 matter, when my partner resigned, the firm couldn't send her her p45 fast enough, thus not settling holiday pay,* surely with the company trying to make out they were caring and concerned employers they would have enquired why and does she really want to resign?* *Obviously if this could all be settled out of court that would be ideal for my partner, just a letter or phone ringing reduces her to tears so tribunal will wreck her unless she takes her meds(diazapham for one) but then she won't talk etc....* Thanku for taking time out of your wknd to reply to me, have a good wknd... Stay safe.*

[ULA]

I cannot* advise what figure would be the correct one to settle at. However what your partner needs to think about is the following:

1. Trying to get to a settlement sooner means the matter gets concluded and it not a long process, depending on where you live many tribunals were already back-logged and the current situation will only make that worse.
2. If it does go to Tribunal you never know what the judge may decide, whereas with a settlement you get certainty at the point you settle.
3. If the Tribunal will find in your partner's favour and the award may be higher than any settlement figure being offered but equally it could be less.
4. The Tribunal may not find in your partner's favour.

Ultimately this will need to be considered, however in the meantime there is no harm in trying to see if you can get a settlement. The best thing to do is based an any research you have done on similar cases (it seems like you are already doing that) and they do need to be similar, what could be a reasonable settlement. Take into account the nuisance factor of going to a Tribunal and you would not need to do that if there was a settlement.

Remember this is a negotiation the other side will always come in low you need to start higher than the range in which you would be looking to settle at.*

[N80rbo]

Thank you for taking time out again of your wknd to answer, I really do appreciate it. Stay safe