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I am currently in talks with my ex employer and Acas regarding early conciliation. We have gone back and forth with proposed settlement offers there last offer was £2000 to not go to tribunal they are not accepting responsibility for my managers disability remarks on wanting to removing my reasonable adjustments but state they have offered the settlement to resolve the matter, I counter offered £6000 as am out of work and it will take me at least 4-8 weeks to find another job and I’ve been on SSP for 2 months so financial loss. Theve come back with a response to say we’ve received a reference request for you so because you e not been honest about your financial circumstances you have until 31/05 to accept the £2000. I was truthful about my unemployment circumstances and I am actively applying for jobs and the reference request is for a job I’ve been shortlisted for as I ticked the box that says there allowed to request reference prior to any interview. I have proof am on unemployment employment benefits and I have not signed any contracts or accepted any new job. Do I accept the £2000 by 31/05 or do I argue I have befit records to prove I’m unemployed and this dos not dismiss my tribunal claim for £6000
Employer response through a as 23/05
From Respondent representative:
Thank you for your email with the Claimant’s counteroffer.
I acknowledge the points made by the Claimant. However, I do not consider that the Claimant would be able to recover an award for injury to feelings of £8,000.
If successful with her claim, the Claimant would only be able to secure a very small award, at the low end of the lower Vento band. This is supported by the available case law on the topic and the Claimant will be able to obtain advice on this specific point.
However, in order to now resolve the matter my client is prepared to increase its offer to £2,000.
If my client’s offer is accepted, I will send through draft COT3 terms.
my response
I have received legal advice regarding your offer of £2000 from an employment tribunal solicitor who has agreed they will represent me if I decide to take this to employment tribunal. They have advised that they have been successful in similar cases and on review of all my evidence they do feel I would get an award at employment tribunal of £8000 based on my medical records alone which shows that my anxiety and depression medications were increased since the meeting with my manager due to a worsening of mental health symptoms of which presented following discriminatory comments and since being advised reasonable adjustments would be removed in the near future. The Gp has recorded in the medical notes there is an existing link between the work related stress and the worsening in mental health and fibromalgia pain symptoms. I have family and friends who can provide supporting statements also that can explain how this affected my self esteem, my anxiety and my physical ability to carry out daily activities as normal.
My Solicitor has also advised me in all the correspondence between me and my manager regarding my increased anxiety since the meeting my manager has also made no reference to any mental health support services as a duty of care on the numerous times I expressed to him my increase in stress and anxiety levels affecting my wellbeing.
My solicitor advises at the employment tribunal he is confident he can put forward my case to prove that my managers discriminatory comments and mismanagement of my reasonable adjustments had an effect on my injury to feelings.
They advise the £2000 would only cover loss of wages from SSP sickness leave I was paid during the grievance period and have advised me to not accept any lower than £6000 as I am likely to be awarded higher than this at employment tribunal.
This is taking into consideration I am now out of employment with reduced income, also it will likely take me 1 to 2 more months to find another job and my affected self esteem and confidence in My abilities as a disabled person since discriminatory comments is affecting my ability to return back to work and I don’t feel I can now disclose my disability to future employers since this incident of discriminatory behaviour I received compared to my non disabled colleagues.
I am willing to stop any plans to progress this further to employment tribunal on the advice of my solicitor, if an offer of £6000 can be made promptly to resolve this matter.
there response today
From Respondent representative:
The Claimant’s offer is rejected.
My client has received a reference request for the Claimant from a new employer.The fact that we have received a reference request very clearly suggests that the Claimant has not been truthful about her employment status and resultant loss of earnings.
My client’s previous offer of £2,000 is restated and remains open for acceptance until 1PM Friday 31st May.
what is the best way to proceed considering the short timing I have to decide.
Employer response through a as 23/05
From Respondent representative:
Thank you for your email with the Claimant’s counteroffer.
I acknowledge the points made by the Claimant. However, I do not consider that the Claimant would be able to recover an award for injury to feelings of £8,000.
If successful with her claim, the Claimant would only be able to secure a very small award, at the low end of the lower Vento band. This is supported by the available case law on the topic and the Claimant will be able to obtain advice on this specific point.
However, in order to now resolve the matter my client is prepared to increase its offer to £2,000.
If my client’s offer is accepted, I will send through draft COT3 terms.
my response
I have received legal advice regarding your offer of £2000 from an employment tribunal solicitor who has agreed they will represent me if I decide to take this to employment tribunal. They have advised that they have been successful in similar cases and on review of all my evidence they do feel I would get an award at employment tribunal of £8000 based on my medical records alone which shows that my anxiety and depression medications were increased since the meeting with my manager due to a worsening of mental health symptoms of which presented following discriminatory comments and since being advised reasonable adjustments would be removed in the near future. The Gp has recorded in the medical notes there is an existing link between the work related stress and the worsening in mental health and fibromalgia pain symptoms. I have family and friends who can provide supporting statements also that can explain how this affected my self esteem, my anxiety and my physical ability to carry out daily activities as normal.
My Solicitor has also advised me in all the correspondence between me and my manager regarding my increased anxiety since the meeting my manager has also made no reference to any mental health support services as a duty of care on the numerous times I expressed to him my increase in stress and anxiety levels affecting my wellbeing.
My solicitor advises at the employment tribunal he is confident he can put forward my case to prove that my managers discriminatory comments and mismanagement of my reasonable adjustments had an effect on my injury to feelings.
They advise the £2000 would only cover loss of wages from SSP sickness leave I was paid during the grievance period and have advised me to not accept any lower than £6000 as I am likely to be awarded higher than this at employment tribunal.
This is taking into consideration I am now out of employment with reduced income, also it will likely take me 1 to 2 more months to find another job and my affected self esteem and confidence in My abilities as a disabled person since discriminatory comments is affecting my ability to return back to work and I don’t feel I can now disclose my disability to future employers since this incident of discriminatory behaviour I received compared to my non disabled colleagues.
I am willing to stop any plans to progress this further to employment tribunal on the advice of my solicitor, if an offer of £6000 can be made promptly to resolve this matter.
there response today
From Respondent representative:
The Claimant’s offer is rejected.
My client has received a reference request for the Claimant from a new employer.The fact that we have received a reference request very clearly suggests that the Claimant has not been truthful about her employment status and resultant loss of earnings.
My client’s previous offer of £2,000 is restated and remains open for acceptance until 1PM Friday 31st May.
what is the best way to proceed considering the short timing I have to decide.
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