Employment Tribunal advice

[ULA]

Response to #29

Any witness you ask to provide a statement and attend the hearing needs to be someone who can corroborate your account of events or what was said if the respondent has challenged your position in their ET3.

Response to #30

At my post #20 I have set out what you can do about amending your PoC, although my understanding from your original post is that you are already claiming disability discrimination, so your evidence should have already been set out in your ET1 or PoC. Any new claim that you want to bring and have included in the Agenda for Case Management will need to be fully supported with evidence that you will need to present at the PHR. To help you it may be useful to review the outcome of some other ET cases similar to your claim, I have linked you to a free resource below:

https://www.bailii.org/

[Snyper86]

Dear All


Thank you for your assistance so far.

The respondent in my case has contacted me via ACAS with an offer consisting of ⅛ what I realistically would expect to be awarded in the tribunal and even less than my schedule of loss.

I have 48 agreed ET claims after the Preliminary Hearing. And I have all supporting documents and email evidence of discrimination, collusion, falsifying paperwork, etc. They have lied several times on paper, in emails, even to the tribunal and have been sanctioned.


I am left with a psychological injury qualifying as a disability for which I am being treated for and this is going to affect the rest of my life, my career and my income.


The offer is laughable, and I intend to negotiate to get the best amount I can (family man with 4 children), however I am unsure how the process generally works. Can anyone give me an overview on what is allowed and not allowed, and how to go about it please?


Are their books, websites, I can look at for ideas how negotiations generally works? I know their first offer is not the most their are prepared to offer, but I know nothing else about negotiating.


I fully understand, that any idea, advice, or comment here is not specific to my case and should not/cannot be taken as legal advice. I am just looking for help and ideas to negotiate best I can.

[ULA]

The respondent will have your Schedule of Loss (SoL) so will know what you are looking to claim via the ET. What you need to consider from the starting point of the negotiation is the figure you are realistically prepared to settle at i.e. the figure at which, if you do not get it, you would be prepared to continue with your ET hearing and hope that you win and are awarded at least what you are looking for.

The respondent will always go in at a low figure and where you need to start is a higher figure than you are prepared to settle at, so that hopefully as they move up in their offer, you can show willing by moving down towards the figure you want to achieve.

The ACAS conciliator will be the person who negotiates between you and the respondent, so when you are discussing with them the offers being made and your response keep setting out the strength of your case. Also another factor to be made is that by agreeing a realistic settlement the respondent can avoid the costs of a hearing. Respondent organisations will often factor in the avoided further costs of solicitor's fees, maybe even a barrister conducting the hearing and time out of the business for witnesses to be at the hearing when considering a settlement amount to pay.

[Snyper86]

Thank you again for your advice.

[Snyper86]

Dear All.

Would anyone have any resources or advice regarding creating witness statements for an Employment Tribunal?

I know how important this is for my case, and I want to get it done as well as I can, but I am unsure about the structure required or the content.

Any help would be greatly appreciated.

Thanks

Snyper86

[ULA]

I have attached some resources for you.

[Snyper86]

ULA Thank you very much.