ACAS Early Settlement - Been asked for a figure

[asinca]

Hello,

I lodged an ACAS case for constructive dismissal with discrimination (nationality) grounds and victimisation. I was employed less than 2 years but i feel I have a very strong case.
My ex employer's representative has been in touch with ACAS to ask what financial compensation would be needed to settle the dispute which i assume is admittence of wrong doing.
Should I ask them to state an offer first? Would they likely lowball a figure. I have been on various solictors websites with calculators and the amounts vary quite wildly with injury to feelings compensation alongside los of earnings etc

I have had no legal representation and have dealt with all emails to the employer and ACAS myself.

Any advice welcomed.

Thanks

[dslippy]

They may simply want to calculate the cost/benefit of fighting.
Ask yourself what is most important - getting a settlement or risking a settlement for a possibly higher figure.

By all means ask - there are no rules for a negotiation.

[asinca]

Thanks for the prompt response. Do you have any idea over the costs involved in fighting. I have no idea where to pitch however reputation damage for them in our small town could be catastrophic for them.

[dslippy]

Reputation damage may indeed be serious - will they want to include a confidentiality agreement, and would you be ok giving one?

We know nothing of the claim, or size of company involved. Have they instructed solicitors?

5k is perhaps a reasonable estimate of minimum cost to them of pursuing a defence.

[atticus]

Are you employed now? If not, is there anything in prospect?

I suggest you start with a figure around the top end of the range from your reseaches. They may try to knock you down.

As to confidentiality, I have on a few occasions said on behalf of clients that such a term would cost more.

[asinca]

Thanks again for the replies, I am not employed right now and honestly the situation has shot my well being, mental state and confidence, I resigned 2 months ago as my position was untenable and I expressed that I considered myself constructively dismissed upon grounds of discrimination, unfounded allegations and being treated less favourably than other members of staff.

They have instructed a solicitor (who must have choked on the email chain of evidence) as their legal rep replied to ACAS asking for a figure I would be happy to settle with.

I was wondering if I should throw the ball back in their court to test the waters or go in high showing I am serious and that I would rather make them pay in time, money and reputational damage from the public write up of the situations in trying to defend regardless of any tribunal award.

[asinca]

Just to add, after reading much more about this I believe my next move could be to present a discrimination questionnaire. In my emails to my ex-employer I pointed out the situations where I was both discriminated against and victimised however non of the points were addressed or considered. I believe formally stating these points again requesting answers would assist my case.
Thoughts?

[ULA]

When you refer to "...present a discrimination questionnaire" are you referring to the Statutory Procedure, if so this was repealed on 6 April 2014. It has been replace by an informal process which ACAS set out some guidelines for, however I believe this process is to be used whilst still an employer in an effort to avoid an Employment Tribunal Claim.

You need to strike a balance if you are considering going back with a figure to open the negotiations. Or the tact you could take with ACAS is to say that yes you are open to negotiation of any reasonable offer that the respondent is prepared to make to you for which you will due consideration and then that puts the ball back in their court.

If you can come up with a settlement you are happy with then that will be far less stressful and lengthy than fighting it out in a Tribunal.