Tribunal - Should I accept the first offer?

Philippa36

My previous employer laid me off on 1st February, he told me that if the situation did not change I would be made redundant on 1st April. I requested my P45 and redundancy monies on 1st April and was told that he didn't owe me anything!

Since then, I've gone through the tribunal process up to the point where we're due to meet a week tomorrow, 24th July, at the court. Today, he has made an offer of the redundancy monies, minus any PILON owing.

By my calculations I'm due 3 weeks redundancy and 3 weeks pilon.

Do I accept their first offer? Put in a counter offer adding half the PILON owing or reject the offer and go to tribunal?

Help!! (Bearing in mind, I'm terrified of actually having to go to the tribunal )

lonestar1

If it were me I would stick to my guns for what your legally entitled to thats what you'll get at the tribunal so long as you can prove everything. I might even ask a little more as compensation for the extra trauma of having to take them to tribunal but thats just me. I should probably point out that you need to consider the companies finaces as well theres no point being awarded X amount if they cant pay

Philippa36

The company is not in a good financial position but then the redundancy amount is less than £400. I've not asking for anything I'm not entitled to (although I did consider it) but I do feel that I've been treated very badly.

He must be paying the solicitor more than double the amount I have asked for!

londondulwich

If you were dismissed without notice and not for reasons which warranted a summary dismissal (theft/ assault etc...), before 6 April 2009, then your dismissal was automatically unfair.

It is automatically unfair because the disciplinary and dismissal procedures which applied at that time were not followed.

This means that, regardless of whether or not a true redundancy situation`existed, you can claim for the amount of net wages you woud have received had you not been dismissed. This runs from the date of dismissal up until you found new employment, or if you have not found employment, a reasonable period for finding similar type work.

Additionally, any benefits you received during the interim will be deducted.

You may also have some other associated claims which I wont detail now.

As the 3 month time bar has now expired starting from February, in order for you to amend your claim form (ET1) you will have needed to describe events from which an automatically unfair dismissal can be found.

Did you say "I was dismissed without notice in February" in your claim?

Philippa36

Yes, I did.
I've been given a date for the tribunal, its a week tomorrow, which is why I assume his solicitor has decided to start making offers. I won't be taking the first offer, but despite loving the idea of taking him to the cleaners, I think I shall just hold out for the full redundancy payment and PILON.

I haven't received any benefits but I have started a new job on 29th June.

Thanks for your advice Londondulwich.

londondulwich

Email the tribunal and ask to amend your claim.

Ask to add a claim for automatic unfair dismissal and say that the details you gave in your ET1 describe an automatically unfair dismissal, but that you did not claim this as you filled in the claim form yourself and are not legally trained.

Say that your employer has legal representation and that it is reasonable to assume that those representatives will have recognised that yours was an automatically unfair dismissal from the claim form.

Therefore the respondent, your ex-employer, will not suffer any injustice or hardship if your application to amend is granted, as the minimum his representatives would have been expected to do is to have informed their client of the risks involved in deciding to resist your claim.

You can also add a claim for loss of statutory rights, worth about £300.

The failure to complete any sort disciplinary procedure adds 50% to the compensation related to the unfair dismissal. So net wages due from 1 February 'til 29 June + 50%.

You may get it all or only a bit, it depends on whether the Tribunal think you should have found work before.

Philippa36

Thank you very very much! I have emailed the Tribunal asking for my ET1 to be changed as per your suggestions above. I'm really grateful for your help.

pawpurrs

Phillippia I went to tribunial two weeks ago, and I was terrified, but I won!
Why are we saying it could be unfair dismissal?
Where you consulted? Put in a pool of people?
Did he pay ypu from feb through to apr?

Mudd14

I would never accept a first offer. They are obviously trying to reduce there costs. All tribunals I ahve dealt with have settled the day before court action

It would be worth holding out or infomring ACAS that you are willing to accept no less than 'x'

Philippa36

I have rejected the first offer and Acas have asked me how much I will accept. Not sure how to respond to that yet - the figures are changing daily!

There was no warning, I was told on 1st Feb that I was being laid off. The company is tiny, my job was taken over by the boss' son (19 yr old without a clue!). I haven't been paid a penny since Feb, the day I left, when I was paid for the previous month (a backdated cheque) which I was willing to accept at the time, thinking that everything would be dealt with fairly :rolleyes: obviously I was wrong.

I am considering now waiting and seeing what the offer is the day before and accepting that.

getmore4less

Philippa36 wrote: »

I have rejected the first offer and Acas have asked me how much I will accept. Not sure how to respond to that yet - the figures are changing daily!

There was no warning, I was told on 1st Feb that I was being laid off. The company is tiny, my job was taken over by the boss' son (19 yr old without a clue!). I haven't been paid a penny since Feb, the day I left, when I was paid for the previous month (a backdated cheque) which I was willing to accept at the time, thinking that everything would be dealt with fairly :rolleyes: obviously I was wrong.

I am considering now waiting and seeing what the offer is the day before and accepting that.

When did you find out the son had taken over the work?

Did your contact allow for layoffs without pay?