Unethical conduct in settlement negotiations

[Ssss1234]

Hello, I am currently in settlement negotiations for an employment dispute. I believe I have a very strong case and that the Respondent is scared. We were emailing with ACAS in copy but ACAS was then removed from copy and the respondent's representative made an offer - they said the offer was urgent and I had to give an answer in less than 5 days (2 of those being a weekend).

My questions is: is this a breach of ACAS' guidance on settlement negotiations and if so, does that mean that the rwpakndnet would have to pay my legal costs.

I haven't instructed a lawyer because I believe my case is that strong but if they have opened the door to legal representwtion for me but paid for by them, then I think that it wpuld be solly not to go down that route.

Thanks

[atticus]

There is nothing to say that the employer must pay your costs.

You must look at the offer on its terms. Might it be acceptable? Do you understand that turning it down may mean a long and hard-fought tribunal case - which you might not win? Is it better to have the cash in hand now?

[ULA]

Have you already started a claim against your employer via ACAS and the Early Conciliation process?

Is it part of this process for which you and the respondent are trying to negotiate a settlement?

In employment law disputes, each party will pay their own costs and if there is a negotiated settlement which has had the involvement of ACAS then it is highly likely that a COT3 agreement will be signed which draws a line under the dispute and prevents you pursuing certain employment tribunal claims against your employer. A COT3 agreement is a legally binding document however your employer is not required to provide any assistance to you for legal costs to get advice on that agreement.

On the other hand, a Settlement Agreement is negotiated between you and the respondent without any involvement of ACAS and normally prior to a claim being made will allow for the employee to take independent legal advice, for which the employer will make a contribution to the legal costs of an employment adviser, who must sign off on that agreement on behalf of the employee.

My view is that as ACAS has been involved you are looking at trying to settle this via a COT3 and I would suggest that even if the respondent has not copied ACAS into the correspondence of the latest offer that you contact them yourself. As you are probably aware ACAS cannot provide you legal advice however, they have statutory duty to assist both parties in understanding the process involved, and in reaching a settlement on mutually agreeable terms.