Employment Tribunal Advice Please

Converse20

Hello all,

This is my first post so apologies if it's in the wrong place or I make a mistake.

So, I was wrongfully dismissed from my employment in September 2015 after 102 weeks and 6 days service following a public interest disclosure.

I began my unfair dismissal claim in October 2015 and it will be heard over 6 days in February.

I have a few questions, that I haven't been able to find the answers to online so I would be grateful for any advice that anyone can give.

So they have made me 2 offers to settle. 1 for no money, just a promise not to pursue me for costs. The second for £500. Both of which I rejected. I then received a call from ACAS asking me to make them an offer for settlement. I said no. I said that my statement of loss is my offer but that I would consider any reasonable offer that they wish to put to me.
I haven't heard anything since. (About 4 weeks)
Is all of this normal? Am I right in thinking that it's an indicative of them wanting to settle?

Next one. I looked up the employers ER Manager on LinkedIn and she has a lovely bio about her job with my previous employer. It states that she has managed many ET claims from start to end and settled them all on favourable terms for commercial purposes. Confirming my suspicions about settling? Or wishful thinking?

My other question. So as I stated, my employment was 1 day (a Sunday) off the 103 weeks for ordinary unfair dismissal. I didn't receive notification of my dismissal until the Thursday and I was dismissed in my absence on the Saturday whilst offices were closed. Do working days come into things at all?
And finally but most importantly, I don't know who is supposed to do the photocopying of the bundles! I know it's assumed that it's the party with legal reps which is the other side, but I'm not 100%.

Please advise on any or all of this, any help would be wonderful.

Thanks
Julie

Crazy_Jamie

Converse20 wrote: »

So they have made me 2 offers to settle. 1 for no money, just a promise not to pursue me for costs. The second for £500. Both of which I rejected. I then received a call from ACAS asking me to make them an offer for settlement. I said no. I said that my statement of loss is my offer but that I would consider any reasonable offer that they wish to put to me.
I haven't heard anything since. (About 4 weeks)
Is all of this normal? Am I right in thinking that it's an indicative of them wanting to settle?

You're right in thinking that it is normal, but you're not right in thinking that it is indicative of them wanting to settle. An offer to drop hands (which is essentially what the first one is) is relatively common in Tribunal proceedings, but the letter accompanying it is usually bluster given that costs are only awarded in relatively unusual circumstances. If such circumstances existed here, one would expect them to make an application to strike out or for a deposit at a preliminary hearing. Whilst it's not impossible by any means for a costs order to be made at the end of a trial, realistically it's highly unlikely unless you're aware of a particular point that may cause a Judge to go down that route.

The £500 is a 'nuisance' offer, in other words it offers a nominal amount of money for you to go away and stop bothering them. Again, these are common, but don't automatically mean by any stretch that the other side are going to make any further offers. Realistically you'll probably be able to get a better offer of settlement off them on the morning of the trial, but whether that is a 'realistic' offer is another matter entirely. There's every chance that once they get to that point and have incurred the costs/time/resources in doing so, they simply won't be in the mood to settle.

Converse20 wrote:

Next one. I looked up the employers ER Manager on LinkedIn and she has a lovely bio about her job with my previous employer. It states that she has managed many ET claims from start to end and settled them all on favourable terms for commercial purposes. Confirming my suspicions about settling? Or wishful thinking?

Wishful thinking. Again, it depends on this specific situation. They may be in the mood to make a realistic offer of settlement between now and the trial, or on the morning of trial, but they may not. A person's bio on LinkedIn makes no difference to that.

Converse20 wrote:

My other question. So as I stated, my employment was 1 day (a Sunday) off the 103 weeks for ordinary unfair dismissal. I didn't receive notification of my dismissal until the Thursday and I was dismissed in my absence on the Saturday whilst offices were closed. Do working days come into things at all?

The EDT (Effective Date of Termination) is at the very least the date that the dismissal was communicated to you, but also depends on whether you were dismissed with or without notice. It's potentially a complicated legal question. Were you short of the 103 weeks when the dismissal was communicated to you (i.e. when you were told verbally or received a letter), and was the dismissal with or without notice? If it was without notice, was this in accordance with the contract (e.g. for gross misconduct) or was it because they wanted to dismiss you within the 103 weeks?

On a side note, if your claim is that you were dismissed because you made a pubic interest disclosure, you should be aware that the 103 week qualifying service period doesn't apply to such claims, assuming the disclosure in question is sufficient for the purposes of the law.

Converse20 wrote:

And finally but most importantly, I don't know who is supposed to do the photocopying of the bundles! I know it's assumed that it's the party with legal reps which is the other side, but I'm not 100%.

Check the Case Management Order that was made after the Preliminary Hearing, but it is almost certainly the other side. It's usually Respondents that sort out the bundles even where both parties are represented, but it would be highly unusual for a Claimant representing themselves to be given that responsibility whether the Respondent was represented or not.

TELLIT01

Is it too late to get legal representation for youself? There was another thread recently where somebody represented themselves and there were perceived problems from that individuals viewpoint.

steampowered

The questions in your initial post have been answered, just two additional thoughts:

Converse20 wrote: »

I then received a call from ACAS asking me to make them an offer for settlement. I said no. I said that my statement of loss is my offer but that I would consider any reasonable offer that they wish to put to me.

This is a bad idea. It opens you up to criticism of being unwilling to settle, and a potential adverse costs order, if you were to lose the case. It would be wise to make a settlement offer of some sort.

I don't know who is supposed to do the photocopying of the bundles! I know it's assumed that it's the party with legal reps which is the other side, but I'm not 100%.

If you are not sure, after having read the various case management orders, you should contact the other side's legal representative to confirm this. You will need to constructively work with with the respondent's representative in any event to agree the contents of the bundle.

Converse20

I was dismissed at 102 weeks and 6 days without notice. I was informed of my dismissal by letter and email at 103 weeks and 3 days.

As I was dismissed following a qualifying disclosure, I know that this is irrelevant. Would it help or hinder my case to bring this up?

I don't think that my previous employer knew that my disclosure was a qualifying disclosure and they are still disputing this now. They labled me a trouble causer as I wouldn't let the illegal practices continue and wouldn't drop it. They became aware that I had reported them, and I was summarily dismissed for gross misconduct, with no evidence and only the statement of an employee who had actually left the company before I was even investigated. I was suspended and dismissed during sick leave and was dismissed in my absense.

Converse20

So do you think that I should make an offer to settle? Would this not be perceived as me seeing my case as weak?

My schedule of loss is for a lot of money, basically the best case that I could ask for. Much more than I would be awarded in realistically. Do I make a realistic offer at this stage? Or stay pie in the sky?

Converse20

Also, in addition to my reply to steampowered's comment.
I thought that negotiations with ACAS couldn't be brought up in tribunal. That's what the advisor told me.

JReacher1

Converse20 wrote: »

So do you think that I should make an offer to settle? Would this not be perceived as me seeing my case as weak?

My schedule of loss is for a lot of money, basically the best case that I could ask for. Much more than I would be awarded in realistically. Do I make a realistic offer at this stage? Or stay pie in the sky?

It's foolish not to make an offer to settle. You should say exactly what you want from this claim. The fact they've offered nothing and £500 is not a great sign!

When this goes to judgement even if you win you'll look unreasonable

Converse20

The offered nothing, £500 then asked me to make an offer. I responded to the nothing and the £500 refusing the offers. And of the third from ACAS, I said that if they wished to make a reaslistic offer than I wished to settle. How can this be unreasonable?

JReacher1

Converse20 wrote: »

The offered nothing, £500 then asked me to make an offer. I responded to the nothing and the £500 refusing the offers. And of the third from ACAS, I said that if they wished to make a reaslistic offer than I wished to settle. How can this be unreasonable?

You need to counter.

They've offered you two settlements and you haven't engaged. You need to get on record what you want.
Otherwise it looks that they are being reasonable and you won't negotiate.

Converse20

So should I make an offer of more than I actually want? Assuming that they will reduce it?