Settlement out of court - Employment Tribunal

Takeaway_Addict

sangie595 wrote: »

Which generally does not cover negligence or deliberate actions. It usually requires you to have taken appropriate legal advice before taking an action. If the employer had such insurance that covered them, the lawyer would not already be talking settlement. Very few employers take it out now - it is prohibitively expensive and often doesn't cover them because they've usually done something stupid without the right advice. After all, how hard is " let the woman come back to work in her role and then make her redundant"? That would have been lawful!

Fair point.

sangie595

FBaby wrote: »

Have you actually been looking for work and can you evidence this?

I'm asking because friend of mine found herself in a similar position to yours (from what you've written). It went on for many months, the company refused to settled until the day before court, but she felt the amount offered was an insult so decided to take it to court. She won her case, but ended up gettingless than what they had offered. She too judged the amount on wages lost, however, the judge did ask for evidence that she'd tried to get another similar job which she couldn't do. The truth is that although she had intended to go back to her job, she did enjoy being at home with her baby and managed to make ends meet, so she was happy not to work during that time. This went against her badly.

Assuming this went to a tribunal, this is a good point. There is always a requirement, in any tribunal case, to demonstrate what you have done to find work and mitigate your losses.

DiscriminationClaimant17

FBaby wrote: »

Have you actually been looking for work and can you evidence this?

I'm asking because friend of mine found herself in a similar position to yours (from what you've written). It went on for many months, the company refused to settled until the day before court, but she felt the amount offered was an insult so decided to take it to court. She won her case, but ended up gettingless than what they had offered. She too judged the amount on wages lost, however, the judge did ask for evidence that she'd tried to get another similar job which she couldn't do. The truth is that although she had intended to go back to her job, she did enjoy being at home with her baby and managed to make ends meet, so she was happy not to work during that time. This went against her badly.

Hi Fbaby,

This was mentioned at the PH, because it was few days work per month and mainly working from home, equivalent work is hard to come by, I did however apply for a suitable job which I can evidence and have been able to offer some freelance services from home (not enough to make ends meet, but enough that I can evidence willing to work) what did they look for in your friend's case?

I can provide my application email and a log of services I've carried out for financial remuneration, I've also dedecuted anything I've earned through this on my schedule of loss in the interest of being fair and transparent.