Sexual Discrimination tribunal claim

mauritius123

Brilliant,

Many thanks for this advice daisy.
Initially they did not wan't to pay her PILON, but did after she threatened them.

I'm thinking based on your advice that m,aybe she should put out a figure of £6,000 or so and just see how it goes from there.

Many thanks for your help

zzzLazyDaisy

If I was her I would play a slightly longer game...

I'd make the application to the tribunal to amend (add a note saying 'I confirm that a copy of this letter has been forwarded to the respondent).

At the same time I would copy the letter to the tribunal to the respondent and ACAS 'for information'

At the same time I would phone ACAS and let then know the letter is on its way (you may be able to e-mail it to ACAS but I'd post it to the respondent).

Only at that point would I say tell ACAS that you consider the offer of £800 to be derisory and while you are willing to negotiate any offer must reflect the seriousness of the situation and invite the respondent to make a more sensible offer. I'd also say that in the meantime it is your intention to seek advice about calculation of compensation.

Doing it this way gives you the opportunity to possibly push the respondent's offer up without putting your cards on the table.

Leave it a week or so and if you don't get a response by then go back with a counter offer mentioning the 'vento guidelines' which will give weight to the implication that you are getting advice (come back here if you need assistance).

Do you play poker?

:-)

mauritius123

Brilliant advice, thank you so much daisy and yes used to play poker so I see what you mean

mauritius123

Hi all,

Daisy, we amended the claim as you suggested.

However being put on the spot by ACAS (and pushed for a figure) she did mention the £6,000 mark.

ACAS have called her today and upped the offer to £1,700. She has been given until 5pm to accept/reject.

I (loosely based on your advice) and the way it's panned out, have recommended that she calls ACAS and mentions that she would like to settle this but that the offer still does not reflect the seriousness of whats happened, and that based on vento guidelines, she would be willing to accept £4,000 now to drop her claims (she said she will be happy with £3,500).

Hope you are around Daisy to advise on whether this is an acceptable strategy.

Many thanks

zzzLazyDaisy

mauritius123 wrote: »

ACAS have called her today and upped the offer to £1,700. She has been given until 5pm to accept/reject.
Many thanks

Hi, this sounds like an acceptable strategy, however...

I wouldn't be pushed into giving a decision by 5pm today. The 'gun to the head' approach smells of desperation on their part - and time is running out for them to file their ET3, which will incur costs.

Even if she does go back with a counter offer today, nothing will happen until Monday. So I'd be inclined to go back to the ACAS officer and say that you are calling as a matter of courtesy to say that you are unable to obtain advice until Monday morning and you will call back after that. And let them stew over the weekend.

One other thing - the updated Vento guidelines say that the lower band (upper limit £6k) is most suitable for less serious or 'isolated one off' incidents. So when phoning ACAS on Monday, I would ask the concilliation officer to make it clear to the respondent that you have been advised that the conduct complained of falls within the middle band of the Vento guidelines, that this counter offer is a pragmatic decision and should not in any way be taken as acceptance that the lower Vento band applies.

mauritius123

passed on...

thank you so much daisy

mauritius123

Hi All...
Daisy, she took your advice, however and strangely enough the ACAS person did not respond to her numerous calls and emails on Friday and Monday.
She has called again today and found out that the woman is off.

Obviously the deadline has passed (for the offer). I think there is only a few days left until the 28 time limit for the ET3 is due.

So I guess the case will proceed from here.

Very disappointing of the ACAS person to behave this way though....

Pricivius

If your ACAS conciliator is off, you can ring the general line for their office and speak to the duty conciliator who will be able to help. There is usually a number on your conciliator's out of office voicemail, or you can find it on the ACAS website.

Negotiations don't have to stop just because the ET3 deadline has been reached. You can continue negotiating up until the Judge gives the Tribunal's judgment.

mauritius123

Many thanks Pricivius, passed on. The worry is if they pay for the ET3...then current negotiations will change

zzzLazyDaisy

I agree, despite the 'settle today or all bets are off' approach, it is unlikely that they will actually walk away from the table.