I've have settled for too less! Is there anyway i can mend my mistake!

[Hellothanks]

Re: I've have settled for too less! Is there anyway i can mend my mistake!

thanks krypton. i am trying, but being angry with myself its hard. Tribunal told me that i have 14 days from the receipt of their closure letter to apply for reinstatement and then it will be upto the judge who will be considering my application to reinstate or not.
I believe in trying and so tempted to try but i am not sure if my application will be any good based on the reasons. so cant decide whether should try or not.

I'm sorry but I am having trouble with your train of thought.

You would be correct to mitigate your losses past and future. That is the basis for your claim and what an ET can assess to award you.

If you were surprised the other party made you an offer or you hadn't given the thought of settling the case then that unfortunately indicates you were poorly prepared in your understanding.

It all goes back to the question what it is you set out to achieve by going to ET. You have accepted an offer and now seem to be regretting doing so. It's not entirely a sensible mindset I'm afraid.

It is also precisely the reason once you agree with the ACAS conciliator there is no going back. There is no tolerance for this kind of mindset in the process. If you agree (even verbally) in front of them it's binding.

What they offered you barely covers their legal costs (or even a fraction of perhaps) let alone any potential awards on top. Could you have got more? Yes probably if your case had legs and you had been better prepared. It's a risk based settlement process.

So in order to try answer your question , could you have got more than £2k? Yes, probably very easily. The other party would have bit your hand off at £4k and probably for even more. I think they will be very pleased its over and at £4k they'll be over the moon.

It's done now, so be happy and move on in life.

[krypton]

Re: I've have settled for too less! Is there anyway i can mend my mistake!

I believe in trying and so tempted to try but i am not sure if my application will be any good based on the reasons. so cant decide whether should try or not.

Why would you apply for re-instatement now?

If you believe your reasons aren't strong enough anyway, what reasons do you think you possibly have if any??? If you were unsure of the offer, you should not have responded and accepted. Frankly you would be wasting your time now.

For a claim to reach the tribunal it generally means the two parties were unable to agree a settlement or one or all of the parties wanted to have their day in court out of principle.

Victimisation, if proven can command a large compensation. You alleged you suffered from victimisation and have spent 7 months of your time on this case. You wanted £5k and settled on £4k.

Normally, once a claim has been filed and accepted the claimant will try to take the company for every single penny of compensation that you possibly can. It's a commercial negotiation and there is an art to it.

If you wanted more why on earth did you not calculate what settlement you would have felt more reasonable beforehand? I can't help but feel you are thoroughly confused as to what you were or have been trying to achieve via an ET.

I suspect the company were approaching the deadline to file a defence. They had a legal representative and it could easily have cost them £4k in prep costs and probably a lot more if your case was complex !

The CEO would have been faced with forking out a whole heap of money just to file a defence. She made a commercial decision and instructed her representative to offer you a couple of grand and try get you to jog on and get you out of her face..

It's done, learn your lesson and let it go. You got £4k best move on, go on holiday, be happy or something and call it a day.

[Hellothanks]

Re: I've have settled for too less! Is there anyway i can mend my mistake!

thanks. You keeping mentioning that question about 'what you were or have been trying to achieve via an ET'. Not sure about other people but i went because I believe it was unfair/wrong, so wanted justice, them to be accountable and also compensation. But i knew there were more chances for me to loose as they had legal rep whereas i was litigation in person, but i believe in trying and i like to try irrespective of final outcome. i don't' mind failing after having done the correct/right thing, but hate failing due to my foolishness i.e. as this example of mine.

thanks for time and continuous thoughts, always helpful. you sound like an intelligent person (all people here sound intelligent/wise except me!) life must be great when you're intelligent/wise with no regrets and mistakes.

Why would you apply for re-instatement now?

If you believe your reasons aren't strong enough anyway, what reasons do you think you possibly have if any??? If you were unsure of the offer, you should not have responded and accepted. Frankly you would be wasting your time now.

For a claim to reach the tribunal it generally means the two parties were unable to agree a settlement or one or all of the parties wanted to have their day in court out of principle.

Victimisation, if proven can command a large compensation. You alleged you suffered from victimisation and have spent 7 months of your time on this case. You wanted £5k and settled on £4k.

Normally, once a claim has been filed and accepted the claimant will try to take the company for every single penny of compensation that you possibly can. It's a commercial negotiation and there is an art to it.

If you wanted more why on earth did you not calculate what settlement you would have felt more reasonable beforehand? I can't help but feel you are thoroughly confused as to what you were or have been trying to achieve via an ET.

I suspect the company were approaching the deadline to file a defence. They had a legal representative and it could easily have cost them £4k in prep costs and probably a lot more if your case was complex !

The CEO would have been faced with forking out a whole heap of money just to file a defence. She made a commercial decision and instructed her representative to offer you a couple of grand and try get you to jog on and get you out of her face..

It's done, learn your lesson and let it go, best move on and call it a day.

[krypton]

Re: I've have settled for too less! Is there anyway i can mend my mistake!

Wisdom comes from knowledge. If you don't have the knowledge then wisdom is also to learn from yours or others mistakes to try minimise your regrets. Be happy, be content and move on as life is too short.

At first you said you wanted to take the CEO to task. You seemed emotionally attached to the company and reticent about it when her name was removed from your ET claim. I think your words were to the tune of you felt the case was meaningless unless you had her in front of you answering the questions?

They finally offered you a settlement, you made a counter offer and both parties agreed. ACAS conciliator involved COT3 binding agreement in place. End of.

If you were unsure of their offer you could have asked someone or done as you have been doing all along and written here asking beforehand on what to do?

You now want to go back and do exactly what ? Re-instate the case ? Can you not understand you are now bound by a legal contract that you entered ? I think you need to take some time out and think through it rationally. You've got £4k which is not far off what you asked for? How is that foolish?

If you wanted more, you needed to understand what it would have cost them in defence costs, the risks of winning and losing, what you were likely to achieve as an award, as well as the costs of avoiding the time, stress and the damage an ET can cause to both parties reputations.

If you consider all the above, seeking a pre-hearing mutually agreeable settlement is by far the wisest choice. Personally I would never advocate tribunals to anyone and would always encourage negotiation in trying to explore means of settlement. A tribunal should only be necessary in the most extreme and difficult cases.

If you want to be intelligent and wise. It's very easily done. Put it behind you and learn to move on.

[des8]

Re: I've have settled for too less! Is there anyway i can mend my mistake!

life must be great when you're intelligent/wise with no regrets and mistakes.

I doubt you'll find any poster on here claiming never to have made a mistake.
We just hope to let others learn from our mistakes

[Hellothanks]

Re: I've have settled for too less! Is there anyway i can mend my mistake!

I know that's exactly what I should have done, asked here, or just taken little time to allow my senses to wake up!

thanks. have a good day.

Wisdom comes from knowledge. If you don't have the knowledge then wisdom is also to learn from yours or others mistakes to try minimise your regrets. Be happy, be content and move on as life is too short.

At first you said you wanted to take the CEO to task. You seemed emotionally attached to the company and reticent about it when her name was removed from your ET claim. I think your words were to the tune of you felt the case was meaningless unless you had her in front of you answering the questions?

They finally offered you a settlement, you made a counter offer and both parties agreed. ACAS conciliator involved COT3 binding agreement in place. End of.

If you were unsure of their offer you could have asked someone or done as you have been doing all along and written here asking beforehand on what to do?

You now want to go back and do exactly what ? Re-instate the case ? Can you not understand you are now bound by a legal contract that you entered ? I think you need to take some time out and think through it rationally. You've got £4k which is not far off what you asked for? How is that foolish?

If you wanted more, you needed to understand what it would have cost them in defence costs, the risks of winning and losing, what you were likely to achieve as an award, as well as the costs of avoiding the time, stress and the damage an ET can cause to both parties reputations.

If you consider all the above, seeking a pre-hearing mutually agreeable settlement is by far the wisest choice. Personally I would never advocate tribunals to anyone and would always encourage negotiation in trying to explore means of settlement. A tribunal should only be necessary in the most extreme and difficult cases.

If you want to be intelligent and wise. It's very easily done. Put it behind you and learn to move on.

[Hellothanks]

Re: I've have settled for too less! Is there anyway i can mend my mistake!

thank you. have a good day.

I doubt you'll find any poster on here claiming never to have made a mistake.
We just hope to let others learn from our mistakes

[Hellothanks]

Re: I've have settled for too less! Is there anyway i can mend my mistake!

actually you reminding me about how i wanted CEO to task and how i was emotionally attached to the company etc, you know at the time i did feel bad and that's why asked for 5k (feeling 'am i asking for too much') which was less than what my claim was calculated at and then i went down to 4k because there was still this bit still feeling 'am i asking for too much'. i think subconsciously i was being led by that guilt i.e. feeling guilty that I am taking money from the 'company' who in my view were not the perpetrator but the CEO, but as things are the 'company' is the one which has to be liable not CEO. I think i am understanding my behaviour now! as i was finding it difficult to explain my rational/feelings as to why i behaved like that when the offer was made.....because the offer came from the 'company'!! I've been an emotional fool who subconsciously got dictated/led by feelings for the 'company'! Anyways, thanks a lot for the prompt, krypon!

Wisdom comes from knowledge. If you don't have the knowledge then wisdom is also to learn from yours or others mistakes to try minimise your regrets. Be happy, be content and move on as life is too short.

At first you said you wanted to take the CEO to task. You seemed emotionally attached to the company and reticent about it when her name was removed from your ET claim. I think your words were to the tune of you felt the case was meaningless unless you had her in front of you answering the questions?

They finally offered you a settlement, you made a counter offer and both parties agreed. ACAS conciliator involved COT3 binding agreement in place. End of.

If you were unsure of their offer you could have asked someone or done as you have been doing all along and written here asking beforehand on what to do?

You now want to go back and do exactly what ? Re-instate the case ? Can you not understand you are now bound by a legal contract that you entered ? I think you need to take some time out and think through it rationally. You've got £4k which is not far off what you asked for? How is that foolish?

If you wanted more, you needed to understand what it would have cost them in defence costs, the risks of winning and losing, what you were likely to achieve as an award, as well as the costs of avoiding the time, stress and the damage an ET can cause to both parties reputations.

If you consider all the above, seeking a pre-hearing mutually agreeable settlement is by far the wisest choice. Personally I would never advocate tribunals to anyone and would always encourage negotiation in trying to explore means of settlement. A tribunal should only be necessary in the most extreme and difficult cases.

If you want to be intelligent and wise. It's very easily done. Put it behind you and learn to move on.

[krypton]

Re: I've have settled for too less! Is there anyway i can mend my mistake!

I think you need to re-evaluate why you took them to Tribunal and what it was you were trying to achieve. This may help bring closure in your mind. I'm afraid your emotional attachment is not going to help you.

If you had evaluated a value on the claim then you would/should have known if what they were offering was satisfactory to you. You agreed a figure. End of.

As far as I can see this matter is now closed.

All the best.