Bruised Eye Workplace Claim Offer of Settlement

[SAPFO]

Or shall I just refuse and await the next? Always been told never accept offer 1

[Peridot]

Hi again,
It is a good idea to consider all options when offers are received. However, if the offer is sensible and in the right ballpark, which it appears to be, it is not always the best option to refuse to accept it. Offers can be withdrawn altogether, after 21 days.
It may be worth trying to bump them up a little even £100 but if they refuse, I would seriously consider the offer on the table.

[des8]

Wasn't aware from your first post that you had already told the other side you would accept £1300, so no, you can't now exceed that figure.
If you want to argue for an increase you might find this helpful, but tread carefully.because you would not want that offer withdrawn for the sake of a possible extra £100 or so!
According to the Office for National Statistics composite price index, the pound experienced an average inflation rate of 2.71% per year. Prices in 2017 are 20.6% higher than prices in 2010.

In other words, £1,241 in the year 2010 is equivalent in purchasing power to £1,496.71 in 2017, a difference of £255.71 over 7 years.

[SAPFO]

Yes, sorry. I didn't think it was important.


Just replied based on your advice. I think it's fair to go for what it was valued at now. As I say, I am prepared to see it through, and hopefully they would rather put up another £300 to shut me up.

"Okay, I understand. If you value the claim at £1300, then that is the figure that it will take for me to settle, no less. It's not a huge figure. I'm prepared to highlight their failings in court and risk losing it, rather than take their first offer of £1000 to 'go away'. It's really no bother for me.


£1241 in the year 2010 is equivalent in purchasing power to £1496 in 2017 = + 20%

£1088 in the year 2005 is equivalent to £1528 in 2017 = + 40%


So taking into account what you said about the other cases, and their slightly more serious nature, I'll meet at + 30% = £1300"

[des8]

I would suggest you contact your solicitor and withdraw your letter.
Peridot and I were suggesting that if you were unhappy with the result you could try and negotiate an increase.
Giving an ultimatum is not negotiation.
The problem is that if you go to court,[ either because a) they they withdraw their offer following your rejection, or b) if you do not accept their offer]
and you are award £1000 or less (or even a smidgin more!)you could find yourself in an adverse costs position where you PERSONALLY have to pay their legal costs incurred from the time of rejection

[SAPFO]

My above letter, in post 19?

They won’t want court. The place is a shambles for one of the biggest companies in the UK.

[des8]

AS this would be a claim for an employer's liability, it is probably/possibly being dealt with through their insurers as there are no excesses on Employers liability Policies.
Don't be so sure about the insurers rolling over, some take quite a tough line and don't automatically increase their first offer.
They have been in the business for years and have access to all sorts of records.(as does your solicitor)
I once worked in that field, so whilst try negotiating I would advise against "I'll see you in court" attitude as it can backfire.
People don't like being threatened and react against it

[SAPFO]

Okay, I should have negotiated without the ultimatum. A valuable lesson as I go through the other claims I have ongoing.


A colleague was recently recommended to accept 1200, but received 1600 after refusing the first. A different case, but similar to another of mine actually.

[SAPFO]

“The figures provided with the cases below had already been increased to the relevant RPI.

The case of K v Ethel Austin Ltd (2010) was originally awarded £1,000 and the case of Roberts v Wrexham City Council (2005) was originally awarded £750.

I will speak to the other side regarding their offer and come back to you. “

[SAPFO]

**UPDATE**

Had a call from the solicitor. It was an ‘on the spot’ phone call.

“The other side are prepared to offer £1300, they want it wrapped up today, yes, or no?”

I said yes, didn’t have another option if I’d agreed to £1300 as the value. So I take that as a lesson for the others I guess.

Thank you for your help. I will upgrade as a thank you to the forum. I may post the others ongoing in the private rooms.

[des8]

Thanks for the update and well done