Compensation Offer following grievance at work

[Jasandjules]

Hopefully you now have a reply from me.

[lenny007]

Jasandjules said:

Hopefully you now have a reply from me.

Nope - not received anything via e-mail. Did you send it to the one ending in btconnect.com?

[Jasandjules]

I did. I have now sent another from a different account to see if that works..

[lenny007]

Got it now - will pull together the bits requested and send you in a bit.

Thanks for this - really appreciate it.

[lenny007]

Small update -

Appeal letter to findings of investigation went in on Monday along with WP offer from ourselves.
They ignored our offer and made another one - double the second offer but a third less than what we proposed.

Appeal letter still stands as it is.

SAR sent in this morning to up the ante a touch and if nothing transpires between now and next Wednesday then ACAS will be contacted to further progress the issue.

Must reiterate my thanks to all here, especially JasandJules for all the invaluable advice - greatly appreciated.

[FocusRS3]

lenny007 said:

Small update -

Appeal letter to findings of investigation went in on Monday along with WP offer from ourselves.
They ignored our offer and made another one - double the second offer but a third less than what we proposed.

Appeal letter still stands as it is.

SAR sent in this morning to up the ante a touch and if nothing transpires between now and next Wednesday then ACAS will be contacted to further progress the issue.

Must reiterate my thanks to all here, especially JasandJules for all the invaluable advice - greatly appreciated.

Good news.

Highlights they are prepared to negotiate and that you are following the correct and meaningful process with the ACAS application.

They will want you to go away in the end so its a game of chess still.

All the best

[lenny007]

So, if we needed a snapshot of the sort of company we are dealing with, i can explain it as thus.

We made a WP offer on Monday with a deadline of 10am Wednesday - which was ignored. Fair enough you could say.

The company HR Director made a counter offer with a deadline of today at 10am.

We submitted the SAR letter last night and were presented with a bounce back e-mail notifying us that the HR Director - the only HR employee the company has - was out of the Office today and would be back on Monday 6th.

So they gave us an offer which if we agreed with, they wouldn't have responded to as the only person able to deal with it is off and the auto response e-mail is telling us the HR person is back to work - on a bank holiday.

As you can tell, they are taking this matter REALLY seriously...

[WhatHappenedThere]

You submitted the SAR, the clock starts then.

If HR is on leave or whatnot, the date still stands.

HR will have seen read the email anyway as BB / iphone / remote mail

[IanA2]

WhatHappenedThere said:

You submitted the SAR, the clock starts then.

If HR is on leave or whatnot, the date still stands.

HR will have seen read the email anyway as BB / iphone / remote mail

However, if proceedings are started before the data request is fulfilled, it can get tricky.

They might decide to refuse data.

It can then only be released by order of the ET Judge, or if required prior to case management orders, by application to the county court.

This might be a problem if the missing data is necessary to facilitate settlement negotiations without racking up legal costs at a full hearing.

[Jasandjules]

IanA2 said:

This might be a problem if the missing data is necessary to facilitate settlement negotiations without racking up legal costs at a full hearing.

Disclosure and specific disclosure (if an application is made) should be long before it is necessary to begin the full merits hearing, not least as you need it for witness statements etc..

[IanA2]

Jasandjules said:

IanA2 said:

This might be a problem if the missing data is necessary to facilitate settlement negotiations without racking up legal costs at a full hearing.

Disclosure and specific disclosure (if an application is made) should be long before it is necessary to begin the full merits hearing, not least as you need it for witness statements etc..

Perhaps I'm not explaining myself very well.

My point is that data, which might be crucial to a good settlement, can be with-held once proceeding go live.

That could be problematic, for example if a protective application is made to the ET when the actual aim is in fact to settle without incurring major costs.

As you know it can take time for an application to even get to the case management stage. The respondent throughout that time could be sitting of smoking guns.

So, to best inform the claimant's options, SAR really should be in as early as possible and before proceedings go live.

[Jasandjules]

Ah apologies, I took full hearing literally.

[lenny007]

To be honest with you, the SAR is a combination of leverage / smoke and mirrors and information we need going forward for other matters.

I'm not expecting them to deliver all of the information required as i believe they'll argue it would be detrimental to other individuals to release this data i.e it would impinge on their rights. It will still give them something to think about - and work to do - which may result in the company being a bit more malleable in negotiations. Hopefully...

[Jasandjules]

lenny007 said:

To be honest with you, the SAR is a combination of leverage / smoke and mirrors and information we need going forward for other matters.

I'm not expecting them to deliver all of the information required as i believe they'll argue it would be detrimental to other individuals to release this data i.e it would impinge on their rights. It will still give them something to think about - and work to do - which may result in the company being a bit more malleable in negotiations. Hopefully...

Then you inform them they must provide the data with personal information redacted........

[lenny007]

Jasandjules said:

Then you inform them they must provide the data with personal information redacted........

That'll be for the second letter!

[hutchst]

You need to keep in mind that the company's incentive to do a deal with you is inversely proportional to the amount of work they actually do.

[lenny007]

hutchst said:

You need to keep in mind that the company's incentive to do a deal with you is inversely proportional to the amount of work they actually do.

That's true - to a certain extent.

The problem the company have is that whilst they are still in a position to avoid all the forthcoming "work", they are still governed by procedures and guidelines - and in the case of the SAR, the law - which they have to do. What they "may" do is to make a dropping of the SAR letter content part of any future offer and that's what i think will happen.

[Jasandjules]

lenny007 said:

What they "may" do is to make a dropping of the SAR letter content part of any future offer and that's what i think will happen.

They will also, if they have any brains, have a clause which requires the dropping of the Grievance and all future Grievances too (i have a standard wording for that...)

[lenny007]

Jasandjules said:

They will also, if they have any brains, have a clause which requires the dropping of the Grievance and all future Grievances too (i have a standard wording for that...)

The WP offers being made only refers to "resolution of your grievance". If they did include a clause as you mention, would this be something to be negotiated / compensated for?

It has been mentioned in previous documentation that any offer would be subject to a NDA but not stopping further grievances.

[Jasandjules]

Do you want to ping me it and I'll have a look at the clause.