Settlement or Withdrawal

fabio11

I have Employment tribunal case pending for hearing. I was thinking of withdrawing the case as it is draining me emotionally but recently my employer has offered to setlle out of tribunal but is offering ALMOST nothing. Personally I believe this is all they can offer me at the moment.


The question I want to ask is

Whether it is better to settle for nominal compensation
OR
Withdraw the case

Thanks in advance for your suggestions.

Emmzi

no one can advise without details of the case and they are probably too long to post here.

Do you have a solcitior or union involvement and what do they suggest?

getmore4less

Depends on the details, but they know it will cost them more(even if it just their own time) if you keep going so reject the first offer.

fabio11

Thanks for reply.
In my claim I have accused them of many things and (shamelessly) they have accused me of some things in their response.
Knowing the fact that it will be difficult for me to prove part of the claim as all the evidence they kept have been destroyed and all employee will try to save tehir jobs and not give true witness statement.
This thing is emotinally draining me and I want to withdraw the case and move on with my life.

But here is the thing
If I withdraw there are rumours that my previous employer is going to write a letter to my new emplyer saying I am not RELIABLE etc person but they are not doing so as the claim is in the court.

Thus I think setlling even for a nominal comensation will give me face saving and bury all my accusition and their counter-accusition under the confidentiality clause.

On the other hand if I withdraw my case as such my credibility will be questioned both at my new job and any future job.

WPN

fabio - where did you hear the rumours from? It is unprofessional for them to contact your new employer with libel statements about you.

What evidence is it? It could go in your favour... if they have destroyed the evidence, then why?! Ok, you no longer work there but they would normally keep personnel files etc. - Was it destroyed before or after you made a claim against them?

Also, do you have any reliable people to give an honest witness statement on your side? So far, I don't think you should reach settlement or withdrawal.

surreybased

What are you bringing the claim for? Unfair dismissal, discrimination? Also what have they offered in terms of settlement i.e number of weeks salary.

Just be aware that even if you win the case it doesn't mean the award would be significant - it relates to salary and must reflect true losses. It would vary according to the type of claim. If its a 50/50 case with no clear evidence on either sides the monetary value might not be significant.

SarEl

History is a fascinating thing, and should be something we learn from. Poster histories are the same - very enlightening and should be learned from.

Googlewhacker

wondered what had happened to you SarEL, whose posters history btw?

scooby088

I think she meant the OP posting history.

Uncertain

It may (well) be possible to get an agreed reference as part of the settlement.

It costs the company nothing to agree to this and if they are keen to get the matter settled then there is every chance they will agree.

This could be worth a lot more to you than long term than a few thousand pounds now.

SarEl

Googlewhacker wrote: »

wondered what had happened to you SarEL, whose posters history btw?

I didn't know you cared Just "waylaid" by life, the universe and so on...

Yes, I meant the OP. Some people stick in your mind. Especially the sort whose first posts are so very memorable... It just helps to put a little perspective on possible reasons for derisory offers. Perhaps a potential for considering the legal meaning of the word "vexatious"? Because there does seem to be something of a "strand" in previous posts about getting something for nothing. So maybe, just maybe, there are two sides to the story...