Employment tribunal out of court offer

beckysbobbles1

Hi,

I have filed a grievance against my former employer for bully and discrimination.

To cut a long sory short my older female boss was bullying me and undermining me because I am a young female. She openly admits she doesn't get on well with females and she has basically said all the work I did was wrong although the Directors were happy with my work and all the examples of my work being 'wrong' was actual made up.

I found a document before I left stating my 'exit strategy' detailing all things I was supposed to ahve done wrong but actually nearly all of them were completley incorrect and I have evidence of this.

Now I have left and have started with another employer. I have all the evidence of meetings we have help and also a previous meeting held a few months ago when I raised that she was bullying me to which the Director said he will not tollerate at all.

Anyway, they have come up with an offe of £1500 to settle before it goes to a formal tribuneal. If I accept this, then that means the case does not continue.

I have gone back with a conter offer os £1750 as my previous offer of £2000 was rejected.

Basically I'm just wondering whether I should actually continue with the case.

I believe the evidence I have is sufficent to demonstrate bullying. But they mediator is saying it would be the discrimination that would need to be 'proven'.

I made note in a previous meeting how I feel my manager does not work well with females, to which she has agreed. However, I do not have a copy of these minutes.

The people in the meeting all know this point but they are hardly going to stand up for me in court.

I', just wondering what are the opinions of others. I don't want my job back as I have a much better one but I don't think it is fair for her to continue getting away with bullying people.

I do also feel I should be compensated financially as my life was hell when I was working with her,

Acc72

beckysbobbles1 wrote: »

Basically I'm just wondering whether I should actually continue with the case.

Unfortunately, only you can answer that question.

You wanted £2,000 and have been offered £1,500 (this is effectively cash in the bank as you may or may not get more or less at a tribunal).

As you now have a job, and your previous job was described as "hell" I would probably advise taking the money and moving on in life, is the continued negativity for the next few months worth a few hundred quid ?

This is my removed / rational advice, having somebody close to me in a similar situation my advice to them was to fight to the bitter end win or lose.

This was based more on my anger and wanted to "get back" at the company and the person specifically, but if it causes you more stress in the long term then it is not worth it.


Good luck whatever you decide.

beckysbobbles1

Thanks for your reply.

I think your right, I'd like it to be over and done with quickly.

I don't really need extra money so anything is better than nothing. It just angers me that she may get away with continue being a bully.

I wonder whether this would be recordered on her HR file.

Crazy_Jamie

beckysbobbles1 wrote: »

I don't really need extra money so anything is better than nothing. It just angers me that she may get away with continue being a bully.

I wonder whether this would be recordered on her HR file.

Whether it is recorded on her file or not is not something you should be concerned with. I appreciate why you are concerned with it, but it is very common in Employment Tribunal cases for claimants to lose sight of what the process and issues, and instead to take a principled approach, which whilst understandable is not practical or really very helpful in a litigation scenario.

This case is about you, and therefore you need to take the approach that is best for you. This is clearly a period in your live that you would rather not relive, and which you are keen to move on from. Settlement will allow you to do that at this stage. Clearly any settlement figure should be fair, but when the parties are this close the benefit of guaranteed money and the ability to move on comes in to play as a highly relevant consideration.

Look at it this way. You want closure from this. Settling now gives me guaranteed money and draws a line in the sand. If you go to a tribunal you may well get more, but you could also lose and get nothing, a situation which I expect will be very difficult to accept. The bottom line is that by the time this process ends you want to be in a position to move on. Losing will make it much more difficult to do that, whilst settlement gives you that line in the sand now, with money in your back pocket and means you don't have to go through the stress of a tribunal. For the difference in offers, I'd say that's worth it.

Coraline

I'll just add that I was once in a mess like this and approached it the wrong way. There's no price for peace of mind.

My advice: Settle and move on to bigger and greater things.

It's just not worth it in the end. Like Crazy Jamie said, "You want closure from this."

ohreally

beckysbobbles1 wrote: »

I don't really need extra money so anything is better than nothing.
It just angers me that she may get away with continue being a bully

These comments are quite telling and may dictate how you proceed. Given you don't need the money, have another job and appear piqued at a bully getting away with her actions (which btw, you don't really know), then you should consider going ahead with the hearing - however would you be content to "win" but not receive a cash payment?


Failing that, take jamies advice and consider settlement.

What outcome do you wish?

SLITHER99

I can empathize with this having gone through this before.

The fact you have evidence with regards the bullying and the practices that went on is all very well. My ex-company too offered me a settlement which I took. However, I do wonder if I shouldn't have proceeded with it.

The upshot is, the fact that they're offering settlement is they feel that they will lose the case! If they were sure of a victory, they wouldn't offer settlement (so says a HR-type friend).

What I can tell you is the after-effects. I was offered employment at another company after this one; as one of my references had to be my last employer, I had to give them the company I had just settled with. The reference the new company got they deemed unsatisfactory: it stated that I was under an internal investigation when I left. I explained to the new company's HR exactly what went on. As it happens, at my probation meeting they decided that I wasn't suitable for the position - again my HR friend says it's a standard tactic to use, "they think you're trouble".

Instead of permanent positions, I took a few contract roles as they are a little more flexible in terms of references. Then, when I was offered permanent employment again, I had a new point of reference

If I could do it over again, I'd opt for not settling! But, that's how I feel now simply as settling did me no favors. The person at my ex-company who I had grievance with ended up getting promoted to a more senior position mere months after my settlement too!

At the end of the day, don't be intimidated and don't be pressured, but do what you are happiest with. As it's Friday, I assume you won't respond to the settlement until Monday. So, write two letters: one declining the settlement, one accepting. Then, on Monday, read both of them again and mail out the one you feel happiest with.

spacey2012

Cheaper than making you redundant

SLITHER99

spacey2012 wrote: »

Cheaper than making you redundant

And also completely unrelated?

jobbingmusician

SLITHER99 wrote: »

The upshot is, the fact that they're offering settlement is they feel that they will lose the case! If they were sure of a victory, they wouldn't offer settlement (so says a HR-type friend).

Not true, I'm afraid. Legal advisers will often advise employers to settle, even when they believe they are in the right, to avoid the costs of going to court. It is rare to award ET costs against the plaintiff if they lose, so a day in court is likely to cost the employer in excess of £2000.

OP, if you settle, you should consider very seriously not settling for simply money. You need a proper compromise agreement (Google this, is you don't know what it is) including a good reference should you ever need one in the future.

Amys

If you do settle, it may be worth asking that any agreement also includes the commitment to give you a good reference?