employment tribunal help.

bobbybuttons

thank you both, she will make her own bundle as suggested and take the 6 copies, She has rung and advised the tribunal of whats happening and they did say she can take her own bundle

dizzydotty_2

Hi all

Just a quick update on what is happening at the moment.My son today received an proposal through acas from his former employers.

They have offered him £1200 ,the amount he original asked for in his tribunal application was £4500,the total amount of this is all lost income form his wages from the day he was dismissed until the day of the tribunal hearing.

I would be grateful on any comments /advice that you could give on this .

Thank you in advance.

Jarndyce

I would be looking for a settlement in this case to be honest. Your initial posts suggested that your son was dismissed for bad timekeeping but that the company didn't follow procedures.

That would suggest that while your son may technically be found to have been unfairly dismissed, he may be found to have contributed to his dismissal, and so have any compensation awarded reduced (on the 'Polkey' principle).

If your son has found another job (sorry haven't time to re-read whole thread) then I would perhaps think about saying to ACAS 'make it £2000 and we've got a deal'. Remember that the other side will be looking at a commercial settlement, ie not spending more in settling the case than they would spend on legal fees whether they won or lost.

But of course the decision is entirely yours/your son's.

Uncertain

Jarndyce wrote: »

I would be looking for a settlement in this case to be honest. Your initial posts suggested that your son was dismissed for bad timekeeping but that the company didn't follow procedures.

That would suggest that while your son may technically be found to have been unfairly dismissed, he may be found to have contributed to his dismissal, and so have any compensation awarded reduced (on the 'Polkey' principle).

If your son has found another job (sorry haven't time to re-read whole thread) then I would perhaps think about saying to ACAS 'make it £2000 and we've got a deal'. Remember that the other side will be looking at a commercial settlement, ie not spending more in settling the case than they would spend on legal fees whether they won or lost.

But of course the decision is entirely yours/your son's.

Again, from memory as it is some time since I read this whole thread, I would agree 100% with Jarndyce.

Given that they have made an offer they will almost certainly pay a bit more but I doubt you will get close to £4.5K.

You may well be able to get them to write an agreed reference. This costs them nothing and could well be worth far more long term than an extra thousand or so now.

Even if you were to win at tribunal they do not have the power to order the former employer to provide a reference.

Only you can decide.......