Employment Tribunal

[ULA]

So the answer to your 3 questions over your posts #28 & #29 are:

1. Yes take of the word "Provisional" out it is just your Schedule of Loss and as I have said you may be required to update this nearer the time of your hearing.

2. Email to the Tribunal copied to the respondent. In the subject line put the details of your claim - Claim number and your name v the name of the respondent

Then say:

Dear Sirs,

Re Claim Number xxx [insert claim number]

In reference to the above detailed claim please find attached my Schedule of Loss dated xxxx [insert the date you sign it].

This correspondence has been copied to the respondent.

Yours faithfully,
You name

3. Yes as atticus had said date and sign your Schedule of Loss.

[Intodeep]

Thank you

[Intodeep]

I have just had an email with a offer from the other sides but at the start it had Without Prejudice is that bad?

[PallasAthena]

Hopefully one of the experts here can give you a formal legal answer to that shortly but in my experience it is standard practice to make offers "without prejudice".

Essentially it means that if you decide not to accept the out of court offer and it goes to trial the other side can defend themselves in court and deny liability and you are not allowed to say "but they must be liable because they made me an offer to settle and they wouldn't have done that if they weren't guilty".

[Intodeep]

Hopefully one of the experts here can give you a formal legal answer to that shortly but in my experience it is standard practice to make offers "without prejudice".

Essentially it means that if you decide not to accept the out of court offer and it goes to trial the other side can defend themselves in court and deny liability and you are not allowed to say "but they must be liable because they made me an offer to settle and they wouldn't have done that if they weren't guilty".

but by making an offer and using without prejudice they must feel guilty

[atticus]

No. There are all kinds of reasons why people try to settle cases.

[PallasAthena]

All sorts of reasons other than feeling guilty. In employment disputes it's often just a question of employers wanting to deal with a claim at the least cost and and as quickly as possible - business economics. Guilt or Innocence doesn't come into it. If they can settle now for a fixed sum rather than run up legal costs (and just as importantly management time) in taking it all the way to ET they'll probably do so. It's unusual for either an employer or an employee to be 100% "guilty" or "innocent". Both sides will have strong points and weak points in their arguments. Out of court offers will reflect that.

[Intodeep]

All sorts of reasons other than feeling guilty. In employment disputes it's often just a question of employers wanting to deal with a claim at the least cost and and as quickly as possible - business economics. Guilt or Innocence doesn't come into it. If they can settle now for a fixed sum rather than run up legal costs (and just as importantly management time) in taking it all the way to ET they'll probably do so. It's unusual for either an employer or an employee to be 100% "guilty" or "innocent". Both sides will have strong points and weak points in their arguments. Out of court offers will reflect that.

My Advocate made the an offer of Ł9500 after sending them the schedule of loss and a they came back with Ł5000 which is only Ł3000 about the Ł2000 the offer me.
what would you do if your advocate said it is a good offer given the strength of your case?

[PallasAthena]

Hypothetically if a professional advocate advised me that my employer had made a good offer and I should accept it I'd probably accept it, after checking that the advice to accept meant the advocate thought I probably wouldn't get awarded more if it went to a tribunal hearing but I might get less or lose.

What I would do in your position for your specific case I can't answer.

[atticus]

Bear in mind also the relative advantage of having the settlement money now. Factor that into your calculations.

[Intodeep]

Bear in mind also the relative advantage of having the settlement money now. Factor that into your calculations.

Thank you for all the advice. They made the offer yesterday I have to decide and let them Before the deadline on Friday

[Intodeep]

I am going to accept the offer and get my advocate to help with the COT3 which will mean I will never say any thing good or bad about the companies name on line or in public which I never have .

[atticus]

Good luck.

Hopefully you will be able to put all this behind you, and move on.

[Intodeep]

Good luck.

Hopefully you will be able to put all this behind you, and move on.

I Will and am just waiting for my 6 friends to tell the company they are leaving next week that will be fun