Pre Claim agreement

Phil_68

Hi all, just looking for some thoughts on the best way to deal with a Pre claim conciliation.

I am about to lodge a claim with the ET and my now ex employer has asked for a settlement to be tried out with a PCC.

What I need is to sum up my damages claim to put in a figure, I will not post on here the claims but will give details in a pm to those best placed to advise - you know who you are

Thanks in advance if you fancy giving your opinion.

Phil.

ETA: will be going away for a couple of days so will reply today or Monday.

zzzLazyDaisy

First question - what date did your employment terminate? (Check your P45).

The deadline for lodging a claim is three calendar months less one day, from the date of termination. There is no extension of time for settlement negotiations and it is not uncommon for employers to try and talk the employee out of time.

So if you are pushing the deadline, lodge your claim and then continue settlement discussions. At the moment there is no fee for lodging a claim, and once your claim has been filed you will be allocated a concilliation officer who will liaise between you and the employer and assist in settlement negotiations.

If you have time and wish to enter into pre-claim conciliation, you should contact ACAS for further information

http://www.acas.org.uk/index.aspx?articleid=2744

Phil_68

Hi LD and thanks for the reply.

EDT is only last week, I have also been in touch with ACAS and expecting a call from them early next week. Paperwork is being drawn up for ET claim to lodge it next week.

I am a little unclear of the process of the PCC, do I put my offer to settle or ask them what they are prepared to offer? It is now a game of poker and trying to read the others hand before showing yours.

It is a complex case though and has been in dispute for almost 3 months, lots of paperwork and nooks and cranny's.

Phil.

zzzLazyDaisy

It is impossible to advise you without knowing the details, so I suggest that you see the CAB for some impartial advice.

One thing to consider is that you do have a duty to mitigate your losses (in other words to make serious efforts to find work). If you do find work then the wages are set off against your losses, so if the wages in the new job are broadly similar to the old job, compensation will cease to accrue.

So you need to start a file now, recording all your attempts to find fresh employment - applications, letters, interviews etc.

Also compensation is calculated according to a formula by reference to financial loss only (there is no compensation for the way you were treated unless the claim includes unlawful discrimination).

There is a useful calculator for working out a guide to compensation here

http://www.winstonsolicitors.co.uk/unfair_dismissal_calculator.html

Though note that the most tribunals normally allow for being out of work is about 12 months, and often less than that.

You should also add on a sum for 'loss of statutory employment protection' - this used to be £300. This is particularly relevant now that qualifying period has increased to two years. I don't know if the the going rate has increased since the qualifying service went up to two years, but ACAS or CAB should be able to tell you.

Phil_68

Thanks again LD

Some useful info to ponder. Just need to get my head straight for this PCC as I would rather settle early if the terms are agreeable but I'm not holding my breath. They have been everything but agreeable to date.
Off to pack the car for some much needed rest.

Phil.

Takeaway_Addict

Lazydaisy has it now changed from 3 months less one day?

thanks

zzzLazyDaisy

Takeaway_Addict wrote: »

Lazydaisy has it now changed from 3 months less one day?

thanks

ARGGHHHH!!!

Nope, just me having a senior moment! Well spotted, I have changed it now!

Thanks

Phil_68

Hehe - Senior moment

I had a look on that link and it gives a good but rough guide, there are also other claims to add to the total ie loss of unpaid wage, lack of contract and it is a H&S issue too. The latter is the difficult one to put an amount on for compensation.

Tried looking for similar cases for a comparison but keep chuckling at one person awarded a crazy figure for not being shown how to use a mouse........ Not looking to be greedy though - only what I feel is a reasonable amount.

P.