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Final hearing in few weeks, been offered settlement, advice on making counter-offer?

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  • Final hearing in few weeks, been offered settlement, advice on making counter-offer?

    Hello everyone,

    I am taking my former employer to a tribunal on the grounds of disability discrimination. I am claiming for loss of earnings (£3,000), accrued holiday pay (£200) and injury to feelings. Following the issues at work, i became depressed and have been seeing a clinical psychologist.

    I spoke to an employment law solicitor with regards to what to claim for injury to feelings and he advised £5000, which would total my claim to £8,200. Before the preliminary hearing, the employer offered me £450, which i declined. I didn't want to come across as greedy and i'm a bit of a 'softy', so i went against the employment law solicitors advice and put an offer of £6,000 to the employer. After some to'ing and fro'ing, they rejected the offer and they said, in other words, my case is weak.

    I went to the PH a few weeks ago and the final hearing has been set for a few weeks time. I got a call to say the employer is offering me £1,500 if i agree not to pursue my claim with the tribunal and they did stress that they are not accepting liability. Although i knew straight away that i was not going to take their offer, i told them i needed time and said i'd get back to them.

    I don't want to accept their settlement offer and would appreciate it if someone could help with the following;

    Should i put in a counter-offer of £6,000 again? Or do i go with the solicitors advice and ask for £8,200? (Even though i said £6,000 at the beginning?)

    Roughly how much would it cost an employer for their lawyer to attend a preliminary hearing, sort all the paperwork and attend a four-day discrimination hearing? (I'd like to have an idea of what they are having to fork out)

    I received the offer yesterday and the hearing is in a few weeks. How long should i wait before getting back to them with my offer?

    If anyone could help, that would be great, thanks.
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  • #2
    Re: Final hearing in few weeks, been offered settlement, advice on making counter-of

    I would stick to the £6,000 if they rejest that, and if the Employment Lawyer told you your case was good, then forget about the employer saying your case was weak. Little secret - They all say that as a scare tactic, yet they are the ones offering to settle prior to final hearing because they know they would likely loose.

    So if they refuse your counter offer, then its to final hearing and you will likely be awarded more than the £6K anyway, and possible more than the £8K too.

    Ohh and don't worry about the cost of the employers solicitors/lawyer etc. Its unlikely you would have to pay their costs even if you did not win your claim!
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

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