Employment Tribunal Advice Please

Converse20

Just reread the CMO from the initial preliminary hearing. It states that the burden is on me to prove the detriment because I have less than 2 years continuous service. It doesn't actually say that I agree to this or anything else really. But this meeting was where the case was clarified.

Converse20

I've had a reply from their solicitors. They have agreed that I was dismissed at 103 weeks and 1 day but have said that this still doesn't give me 2 years continuous employment. They have upped their offer to £2000 from the last one of £500 but have also stated that their views on the merits of my case are unchanged and have threatened costs again. £20,000 of costs they say and they will send me a full breakdown prior to the hearing.

More bullying tactics I think, but could they be correct? Could I actually not have 2 years service?

lincroft1710

Converse20 wrote: »

They have upped their offer to £2000

How much are you looking for?

bugslet

This doesn't answer your last question, but I'll chuck in my brief experience of a tribunal.

One of our employees was sacked ( well over two years with us ) and was trying to claim over 40k. Got to tribunal and my barrister and solicitor suggested that I make an offer, which reluctantly I did, of 7k, which would still have been less than the bills incurred during the tribunal. No offer had been made before that one.

Anyway that offer was rejected.

Went through the tribunal and he was awarded 2k ( for a failure of procedural technicality on our part rather than a disagreement about our reason for dismissal).

Because someone offers something, that is no indicator of admission that they think you have a case ( though you may). It's a very difficult call sometimes.

I don't see it as bullying BTW, they have made an offer and pointed out that they will pursue you for costs if they win, that's just the way they will pursue things.

Converse20

A lot more. Even just the earnings that they didn't pay during suspension come to around £4000. That's without anything else. And I've paid £1500 in fees already, £2000 doesn't come close

Guest101

Converse20 wrote: »

A lot more. Even just the earnings that they didn't pay during suspension come to around £4000. That's without anything else. And I've paid £1500 in fees already, £2000 doesn't come close

But for wages owed you can claim via small claims court.


I think you're vastly overestimating what you'll get

steampowered

Converse20 wrote: »

A lot more. Even just the earnings that they didn't pay during suspension come to around £4000. That's without anything else. And I've paid £1500 in fees already, £2000 doesn't come close

Could it be worth making a counter-offer for the earnings not paid during suspension plus your Tribunal fees and an agreed neutral reference?

Undervalued

Guest101 wrote: »

But for wages owed you can claim via small claims court.


I think you're vastly overestimating what you'll get

People frequently do!

Most ET awards (there are exceptions) are for fairly small amounts with an average of around £6K. And that is of course assuming you win! Given that there are a few headline grabbing large awards (nearly always for serious discrimination) it follows that many tribunals that are won only yield petty cash.

It is rare for cost to be awarded either way and this would normally only happen if you have ignored fairly strong hints from the judge at preliminary hearings or behave totally unreasonably.

lincroft1710

How have you racked up costs of £1,500?

tyler2027

Converse20 wrote: »

A lot more. Even just the earnings that they didn't pay during suspension come to around £4000. That's without anything else. And I've paid £1500 in fees already, £2000 doesn't come close

Hi Julie,


I have read this thread, and understand you are not represented and are struggling your way through this process on your own.


As someone who did settle before tribunal with the help of a good solicitor I want to cover a couple of things. Forgive me in advance if you already know, but better to say something potentially useful than read and run!


1- vento bands. Do some research, it shows you where your case is likely to fall into with regards to awards...should you win. If its not a major case, or several accounts of discrimination, you may fall into the lowest band (less serious incidents or one off serious incident)


2- reductions. You must supply documentary evidence of attemtps to mitigate losses that you are claiming for ie if your claiming for loss of wage from date of leaving employment to the date of tribunal, your expected to have got, or applied for jobs, to show you have made every attempt to reduce the loss. Failure to provide this evidence could reduce any award made by up to 25%
Dont know what would be expected during any period of unpaid suspension - but you should find out so that you can gather any evidence if needed.

3- recoupment. Only applies if you have been claiming any out of work benefit, or support benefit during the period of time your claiming for...ie if you have been on JSA, income support, or ESA. So this would cover anything claimed during the suspension as well as after leaving employment. Then the basic element paid to you will be recovered from any award.


Whatever you think your due with regard to an award, or what you hope to get.........if points 2 or three apply to you then be aware that a settlement offer wont have these deductions made.


So for example a settlement at 2k is just that. A tribunal award of 3k subject to deductions could end up being just 1k.


Something to think about. Of course if not on benefits, and you have mitigated or can prove you have tried to mitigate your income losses then ignore everything I just said !


BB