Offer of settlement through ACAS
Discussion
Any offer of settlement prior to a hearing has without prejudice privilege, either implied or stated, in relation to the ongoing matter. It will be looked at in a very negative manner if you are considering attempting to use an offer of settlement as proof of wrongdoing (I may be jumping the gun, but have had this question asked in the not too distant past), use it as a starting point in negotiations.
hopefully it goes my way PintOfKittens said:
Cant afford solicitor/barrister, so doing it myself. Although it appears that they have started s
tting monumental sized bricks, so might not need to goto tribunal.
Keep pushing - best offer will be late in the day when they can see you're totally serious. Trouble is, you will also have done most of the work by then, too.tting monumental sized bricks, so might not need to goto tribunal.PintOfKittens said:
Cant afford solicitor/barrister, so doing it myself. Although it appears that they have started stting monumental sized bricks, so might not need to goto tribunal.
Who has provided you with advice thus far?tting monumental sized bricks, so might not need to goto tribunal.Suggest a chat with www.communitylegaladvice.org.uk if you have had nothing concrete to date.
As stated, expect a reasonable settlement offer very close to the hearing, and consider it properly unless, having received advice, you are certain you could gain more from an ET result. As in anything legal, it comes down to the person(s) hearing the case, and you cannot determine their decision beforehand.
Don't underestimate the task of having to actually go to ET by yourself and do all the cross-examining. I went to one such case and the guy was a smart enough cookie and always came across as reasonably calm and collected. He had worked in a role which required negotiation skills, asking questions, closing etc etc but come the day all of this seemed to go out of the window. Despite the negativity of our Barrister we were on late morning and going home having won just after lunch. The ET chair normally will 'help' you out if you are on your own but I have also seen lone claimants given quite a tough time for asking supposedly repeat questions, aimless questions, re-reading the notes or witness statements and for what comes across as time-wasting but is more likely them being tongue-tied. This intejection from the panel can be off-putting and really throw you off your stride. I have also been at (a small few) cases where we are effectively still in negotiation on settlement as we are walking through the door of the ET itself and where we have asked for an adjournment to the start time to see if we could settle. In most of the ET cases I have been to, despite your team's best prep there is nearly always a 'surprise' either from the claimant or the defendant and it is how you deal with these scenarios that seems to leave a lingering taste.
Everything's been prepped off my own back - iv been reading http://etclaims.co.uk/, and got the book recommended from there - http://www.amazon.co.uk/Employment-Tribunal-Claims... - and reading things off the internet.
Hearing date was in 2 weeks, but we have just come to an agreement - I could have gotten a bit more (10%) if it went to tribunal, but I think thats a good price to not have to take a day off work, and hoof it to the ET and go through hearing.
Thanks everyone for your help and support!
Hearing date was in 2 weeks, but we have just come to an agreement - I could have gotten a bit more (10%) if it went to tribunal, but I think thats a good price to not have to take a day off work, and hoof it to the ET and go through hearing.
Thanks everyone for your help and support!
fergywales said:
Does the settlement also include an NDA? If so, push the 10%...
Only thing the settlement has is "Without admission of liability" on their part, and the part where I agree to indemnify them against Tax/NI losses.Its already been agreed though
Too late to change things.fergywales said:
Agreed or signed?
If just agreed, consider whether the other side would 'play dirty' before deciding what to do.
It was sorted out through ACAS, from the ACAS guy who sorted it out:If just agreed, consider whether the other side would 'play dirty' before deciding what to do.
If you accept the wording I will inform the Respondent of this and when I do so a legally binding agreement will be in place and it will not be possible for you to alter the agreement as I will notify the tribunal of settlement and they will cancel the hearing, so it is important that you are happy that you understand the wording.
matt12023 said:
Good work
I'm lucky I could afford a solicitor and barrister, it was all tied up in the disability discrimination act and i'd have had no bloody chance on my own.
just have to wait for the decision now
A few weeks after I filled in ET1, I renewed my car insurance, and the new policy had legal insurance, but said it wouldnt apply for cases before I signed up to them, so I was stuck on my own...I'm lucky I could afford a solicitor and barrister, it was all tied up in the disability discrimination act and i'd have had no bloody chance on my own.
just have to wait for the decision now
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff