Constructive Dismissal
Discussion
Hello,
After a bit of advice on behalf of a friend who is going through a case with his former employers over constructive dismissal and disability discrimination.
He has pursued it through a no win no fee solicitor and got a low initial offer. The solicitor is keen to wrap this up without attending a tribunal for a relatively low figure.
It sounds very much like the solicitor simply wants a quick close rather than looking after my friends interests.
Very interested to hear from those with experience of such cases firstly if this is the norm, and more importantly what is the best way to proceed?
Obviously don't want to post up many details but the solicitor is talking about accepting less than half of what he has previously said is about average for such cases and hasn't really given any reason why this case is so far below average.
Thanks in advance for any advice.
After a bit of advice on behalf of a friend who is going through a case with his former employers over constructive dismissal and disability discrimination.
He has pursued it through a no win no fee solicitor and got a low initial offer. The solicitor is keen to wrap this up without attending a tribunal for a relatively low figure.
It sounds very much like the solicitor simply wants a quick close rather than looking after my friends interests.
Very interested to hear from those with experience of such cases firstly if this is the norm, and more importantly what is the best way to proceed?
Obviously don't want to post up many details but the solicitor is talking about accepting less than half of what he has previously said is about average for such cases and hasn't really given any reason why this case is so far below average.
Thanks in advance for any advice.
Initial offer £5k and solicitor has advised settling for £10.
The solicitor himself has previously said £25-30 would be more par for that sort of case.
Obviously his fee would increase as a proportion but I guess the cost of a tribunal would cut into that more than settling now from his desk!
He is working full time again now so has some money, but paying a solicitor up front would put a whole in it. If that's even an option at this point?
The solicitor himself has previously said £25-30 would be more par for that sort of case.
Obviously his fee would increase as a proportion but I guess the cost of a tribunal would cut into that more than settling now from his desk!
He is working full time again now so has some money, but paying a solicitor up front would put a whole in it. If that's even an option at this point?
JuanCarlosFandango said:
Initial offer £5k and solicitor has advised settling for £10.
The solicitor himself has previously said £25-30 would be more par for that sort of case.
Obviously his fee would increase as a proportion but I guess the cost of a tribunal would cut into that more than settling now from his desk!
He is working full time again now so has some money, but paying a solicitor up front would put a whole in it. If that's even an option at this point?
I don’t know if changing lawyer is an option. What does the contract say about this?The solicitor himself has previously said £25-30 would be more par for that sort of case.
Obviously his fee would increase as a proportion but I guess the cost of a tribunal would cut into that more than settling now from his desk!
He is working full time again now so has some money, but paying a solicitor up front would put a whole in it. If that's even an option at this point?
How long did he work for the company?
How long was he out of work for?
How much did he earn, and how much does he earn now?
Edited by FWIW on Tuesday 26th March 23:24
ked or are you talking about 10k?Sorry yes, £10k.
Working there about 6 years. Not sure of salary but fairly low. Perhaps £20k with overtime and stuff.
He was out of work for a few months then doing temp work, now back full time in a similar role and earning about the same as before.
He wasn't sure what the contract said.
Working there about 6 years. Not sure of salary but fairly low. Perhaps £20k with overtime and stuff.
He was out of work for a few months then doing temp work, now back full time in a similar role and earning about the same as before.
He wasn't sure what the contract said.
As an absolute minimum he should cover his lost earnings, plus loss of rights. That’s got to be £10k on its own.
It starts to get interesting with the discrimination as it’s a “protected” characteristic. There are guidelines for such awards but iirc they are uncapped and cover injury to feelings etc. Could easily exceed the loss of earnings award.
I take it ACAS weren’t much help?
Can’t say much more without details but on the face of it your friend would be well advised to seek better advice.
It starts to get interesting with the discrimination as it’s a “protected” characteristic. There are guidelines for such awards but iirc they are uncapped and cover injury to feelings etc. Could easily exceed the loss of earnings award.
I take it ACAS weren’t much help?
Can’t say much more without details but on the face of it your friend would be well advised to seek better advice.
Advise him to spend a little on some real legal advice a second opinion.
I'm sure he's not in a great position to fight a lengthy legal battle on £20k but it sounds like it would be worth at least an initial consultation with another lawyer if there's a years salary at stake. Is there any reason he cannot claim his legal costs?
I'm sure he's not in a great position to fight a lengthy legal battle on £20k but it sounds like it would be worth at least an initial consultation with another lawyer if there's a years salary at stake. Is there any reason he cannot claim his legal costs?
JuanCarlosFandango said:
ACAS weren't very much help though he's going to get back onto them and Citizens Advice in the morning.
My other suggestion was to give him a more useful target - for example get 20k out of them and we'll close it, otherwise go to tribunal. Is that sensible?
He needs to get some advice from a properly decent lawyer. If it was just the dismissal I’d say take the 10k but the discrimination aspect is a whole different ballgame. CAB can be very good but with so much (tax free) cash at stake I’d want some good advice. My other suggestion was to give him a more useful target - for example get 20k out of them and we'll close it, otherwise go to tribunal. Is that sensible?
Costs are almost certainly not recoverable, but it is possible to represent ones self (with perhaps some background support). That would be my recommendation but it’s likely to be very stressful.
Thanks for responses.
Would it be right to say the best course hinges on the strength of the discrimination aspect?
If solid enough to go through tribunal then go for it, if unsure settle before?
He isn't in a great position to start paying a solicitor (who is?) but as noted if it's a difference of £10-15k it's worthwhile spending a few hundred now. I guess zooming straight in on the discrimination aspect will make that element quicker/cheaper.
Would it be right to say the best course hinges on the strength of the discrimination aspect?
If solid enough to go through tribunal then go for it, if unsure settle before?
He isn't in a great position to start paying a solicitor (who is?) but as noted if it's a difference of £10-15k it's worthwhile spending a few hundred now. I guess zooming straight in on the discrimination aspect will make that element quicker/cheaper.
I do not know the context of the discrimination but it may pay to look at both legal aid and https://dls.org.uk/ to support his case
Be aware that if your mate is doing this via "no win no fee" type arrangements then if he goes elsewhere or stops using his current legal help then he may become liable for work done by them up until the point he stops using them......He'd need to check his paperwork to see if that will be the case.
https://www.landaulaw.co.uk/disability-discriminat...
Compensation
Unlike in unfair dismissal, there is no ceiling on the amount of compensation a tribunal can award for disability discrimination. Compensation normally includes an award for injury to feelings and an award to take into account any loss suffered, for example loss of wages or pension. The awards for injury to feelings can vary, however many thousands of pounds is not uncommon.
The Court of Appeal have set out 3 bands of compensation guidelines for injury to feelings, depending on the seriousness of the case. These are commonly known as the ” Vento” guidelines, namely:
TOP BAND FOR THE MOST SERIOUS CASES: £25,700 – £42,900 (although it can exceed this in exceptional cases);
MIDDLE BAND: £8,600 – £25,700
LOWER BAND FOR LESS SERIOUS CASES (e.g. a one-off or isolated incident of discrimination): £900 – £8,600
Compensation
Unlike in unfair dismissal, there is no ceiling on the amount of compensation a tribunal can award for disability discrimination. Compensation normally includes an award for injury to feelings and an award to take into account any loss suffered, for example loss of wages or pension. The awards for injury to feelings can vary, however many thousands of pounds is not uncommon.
The Court of Appeal have set out 3 bands of compensation guidelines for injury to feelings, depending on the seriousness of the case. These are commonly known as the ” Vento” guidelines, namely:
TOP BAND FOR THE MOST SERIOUS CASES: £25,700 – £42,900 (although it can exceed this in exceptional cases);
MIDDLE BAND: £8,600 – £25,700
LOWER BAND FOR LESS SERIOUS CASES (e.g. a one-off or isolated incident of discrimination): £900 – £8,600
Yes I assumed he would have to pay something to the existing solicitor. We'll have to check the contract to see how much.
Not sure how to measure the severity of the discrimination - to me it sounds more like a blustering manager over stepping the mark and then covering it up rather than malice or a dislike of the particular characteristic, but what do I know.
Probably shouldn't post up details of the case, but it definitely sounds worth getting further advice and looking into getting another solicitor to take it further.
Thanks all
Not sure how to measure the severity of the discrimination - to me it sounds more like a blustering manager over stepping the mark and then covering it up rather than malice or a dislike of the particular characteristic, but what do I know.
Probably shouldn't post up details of the case, but it definitely sounds worth getting further advice and looking into getting another solicitor to take it further.
Thanks all
JuanCarlosFandango said:
I understand the model, and don't blame him for doing what's best for his business.
There is however another matter in that he is required to put the client's interests over his own........ If he can explain why this is a good offer ........... And of course even when a party say this is their best and final offer, than does not preclude further negotiations.... FWIW said:
https://www.landaulaw.co.uk/disability-discriminat...
Compensation
Unlike in unfair dismissal, there is no ceiling on the amount of compensation a tribunal can award for disability discrimination. Compensation normally includes an award for injury to feelings and an award to take into account any loss suffered, for example loss of wages or pension. The awards for injury to feelings can vary, however many thousands of pounds is not uncommon.
The Court of Appeal have set out 3 bands of compensation guidelines for injury to feelings, depending on the seriousness of the case. These are commonly known as the ” Vento” guidelines, namely:
TOP BAND FOR THE MOST SERIOUS CASES: £25,700 – £42,900 (although it can exceed this in exceptional cases);
MIDDLE BAND: £8,600 – £25,700
LOWER BAND FOR LESS SERIOUS CASES (e.g. a one-off or isolated incident of discrimination): £900 – £8,600
The tribunal service also used to and perhaps still do the average pay outs and % of cases won. Compensation
Unlike in unfair dismissal, there is no ceiling on the amount of compensation a tribunal can award for disability discrimination. Compensation normally includes an award for injury to feelings and an award to take into account any loss suffered, for example loss of wages or pension. The awards for injury to feelings can vary, however many thousands of pounds is not uncommon.
The Court of Appeal have set out 3 bands of compensation guidelines for injury to feelings, depending on the seriousness of the case. These are commonly known as the ” Vento” guidelines, namely:
TOP BAND FOR THE MOST SERIOUS CASES: £25,700 – £42,900 (although it can exceed this in exceptional cases);
MIDDLE BAND: £8,600 – £25,700
LOWER BAND FOR LESS SERIOUS CASES (e.g. a one-off or isolated incident of discrimination): £900 – £8,600
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