New job apps during ET claim. Ex employer playing dirty?

ubdai

I am just at the start of an ET claim for unfair dismissal. Claim is lodged and hearing date received. Presently getting it reviewed by c**p legal services to see if they will represent me.
Next stage is the preparation of documents by both sides.

Ex employer has made a shocking offer of £500 to close the claim (21 day period to say yes) along with a letter trying to put me off continuing with the ET. Saying they think it is un-winnable, they will claim back costs amongst other things, no good for the rest of my career etc.
If this is a good or bad thing I do no know. Are they scared?

I am now in the process of applying for new jobs and filling out application forms. My question is, is there a 'nice' way of putting on the form my reason for leaving was dismissal /sacking. As once these two are mentioned on the form, they undoubtedly go back to old employer to enquire who I then guarantee will not be fair in their comments. Thus screwing up my chances of new employment.

The only way round this is thru ACAS, where I could try and get ex employer to admit they did not follow recognised procedures, get them to put on their records that I resigned and any new employers get given a positive review of myself when asked. That way it does not sound so bad on any new applications.

Has anyone else been in the same situation.

cheers
ubdai

jobbingmusician

The employer's offer does seem low. However, presumably by 'to close the claim', they mean a COMPROMISE AGREEMENT. You need to decide what would be acceptable to you as a CA, and presumably an agreed reference would be part of any CA you would be prepared to accept (you might even be happy to accept £500 plus a good reference - obviously I don't know the details of your case). You can ASK for whatever you want from them!

paulineb_2

ACAS can only mediate when you have a live case at tribunal, Im not sure they could do what you are suggesting above.

Its a very small percentage of claims that end up getting costs awarded against them and its very unlikely a tribunal would pursue someone for costs if they didnt have much money, I looked into this recently because I had a case against an ex employer, not unfair dismissal and that was something I was concerned about.

Its possible to represent yourself at tribunal as well. Also, your ex employer is under no legal obligation to give you a reference.

Hiccups_2

ubdai wrote: »

As once these two are mentioned on the form, they undoubtedly go back to old employer to enquire who I then guarantee will not be fair in their comments. Thus screwing up my chances of new employment.

Although you have not provided any details of your case, generally speaking, it is usually better for the Respondent when the claimant secures a new job ASAP. The reason is because it means a reduced payout if you win as you can only recover your losses.

If your case concerns only a procedurally unfair dismissal then be aware that if the employer can show that you would have been dismissed in any case (if the correct procedure had been followed) then any award can be reduced accordingly (Polkey deduction); which might leave you with zero compensation.

You will have the opportunity to go through ACAS conciliation, where you can negotiate any terms of settlement (if that's what you want). All this will happen alongside your claim. It is an alternative route to settle claims without going through a hearing; which your former employer might be open to.

Good luck.

Pricivius

As the OP has started a claim, the employer is it highly unlikely to offer a compromise agreement. The offer is more likely to be for a COT3 settlement agreement through ACAS.

It is also unlikely that your employer would admit anything through ACAS - any offer is likely to bebwithout admission of liability. As for making your termination a resignation, again this is unlikely as you are asking them to rewrite history. It is more likely that you could get an agreed reference confirming factual dates and job title only, then no new employer need know the circumstances of your termination.

You need to think what you want to get out of this. Presumably some cash and a fresh start with a factual reference? In which case, make them a counter-offer above what you want and negotiate. If you're looking for 'justice' and your 'day in court', then ignore their letter and offer and plough on.