ACAS pushing for a settlement

Mr.Bump

I lodge an ET against my employer and have a court date in August of this year. I have had a couple of offers via ACAS from my employer to settle the case before it gets to court. However they have only offered me around three months salary to sign a compromises agreement. I have now been contacted by ACAS and the tone and language that they are using, I feel like they are trying to force me into a poor agreement. I would be happier losing the case and having my day in the witness box than excepting a poor settlement for my silence!

Has anyone else had a similar experience?

Weirdlittleman

ACAS arent there to give you an arena for the agenda. If it is felt you dont have a strong case and the offer is fair then anyone advising you not to accpet is neglient.

Do you care to give us the full details then we can analyse whether you are being reasonable.

My gut is that your wording tells the story and you dont have a case and simply want a day in a public arena to damage people.

dampsquib

In my case last year, ACAS's initial communications seemed very pessimistic about my claim, I wondered at the time whether this was their normal tactics "with both sides" in order to lower expectations, in order to make it more likely for both sides to compromise, making a pre-tribunal agreement more likely.

Mr.Bump

I do not feed Trolls:eek:

Mr.Bump

dampsquib wrote: »

In my case last year, ACAS's initial communications seemed very pessimistic about my claim, I wondered at the time whether this was their normal tactics "with both sides" in order to lower expectations, in order to make it more likely for both sides to compromise, making a pre-tribunal agreement more likely.

Yes, I recall reading this on another forum and just wonder if anyone else had the same experience and if so what happened in the end?

Weirdlittleman

Mr.Bump wrote: »

I do not feed Trolls:eek:

Well you may as well not ask a question. No one can validify the accuracy of their response without knowing the situation.

Mr.Bump

jdturk wrote: »

Good but maybe you would like to answer the valid question otherwise there is no point even being on here.

ACAS have a good reputation and as such will only advise in the best possible way they feel fit

Always Ask ACAS

When the initial problem started with my employer (did not provide me with reasonable adjustments that would be fully funded by Access To Work) I asked ACAS. I followed their advise and now a different section of ACAS are telling me that I should settle up before the court case. However it was another section ACAS telling me I had a good case if it went to court!!!

I have became aware were I to sign a COT3 with ACAS they somehow win brownie points. Well, I have been discriminated against and I would like my day in court to talk about the medical v society model of disability. I do not know why ACAS wish to stop me getting to court what is it to them if I win or lose? At least, I know that is a reasoned decision of the legally trained court and not same quango!

Weirdlittleman

Advising you to take a case to court you wont win so you can simply have a rant would count as neglience and you could in turn sue them for this.

Whilst you may have had a case to take it to court the legal advise is obviously that your damages don't exceed 3 months worth of wages.

Mr.Bump

Also one section of ACAS told me that my employer should not of reduced my salary without making the reasonable adjustments available to me. Now the other section is pushing me to make a settlement for an amount less than the amount of reduce salary my employer owns me according to the other section of ACAS. Therefore one of these sections of ACAS must of given me or is still giving me bad advise.

Given this I am asking those that have been through the ET process what is their experience of ACAS. I am not asking if my case is a strong case, I have been discriminated against! I I feel the only way I will be happy with this whole process is if I get my day in court it is no longer about the money for me.

I have a disability that I was born with and will die with, I can not change that and therefore I can not change me! But my employer could of made fully fund reasonable adjustment and they decided not to!

Weirdlittleman

Thats a question none of us know the answer too. You are of course biased and your definition of reasonable and theres will be different. A tribunial would analyse this and come down on either side or somewere in the middle.

ACAS are advising you on a likely outcome. To me it sounds like ACAS are saying whilst they could have made adjustments the court is unlikely to find 100% in your favour and hence their offer is reasonable.

You may well be disabled but your organisation still has a business run and needs to consider this when making a decision. They cant discriminate but they can expect you to perform your job without too much disruption to them or other employees

Mr.Bump

So you are suggesting that ACAS are pushing me to sign a COT3 for this amount for were it to go to court and if I were to win but the damages were for a lesser amount. I could then sue ACAS, so this is their cured attempt at risk management by ACAS. Well they can sick that up any orifice they care to offer. My employer has already offered more than the amount the Disability Legal Service said I would get!

Now thanks a inheritance (great great Aunt oversees) it is not about the money.:A