Employment tribunal discrimination negotiation

Goatan

Hello,

I am currently taking a large company to tribunal for discrimination and victimisation and have an interesting development. The story behind my claim is long and i won't go into details unless people need it. I have submitted the ET1 and the company's solicitor replied and i was amused that their defence completely contradicted what was written in the appeal result letter. So i wrote a without prejudice letter to solicitor pointing out the direct contradiction that they were relying on and suggesting a negotiated compromise i laid out strong terms especially financially it took a week to acknowledge receipt and state they would reply soon and it was now from a barrister (same industrial advocacy group that the solicitor was from EEF) and it has now been another week and no reply. I’m wondering why it has suddenly gone to a barrister and why the delay. Anyone have any experience of this sort of thing?

Lioness_Twinkletoes

I'm no expert but it sounds like you've played all your cards early...

Cheeky_Monkey

I would imagine it's because they intend to fight it and have brought the 'big guns' in to do so.

That is not a cheap option so they probably think that they have a very good chance of winning.

Do you have your own solicitor or are you representing yourself?

sangie595

Big company? Barrister? Utterly common. But I do agree - stupid to play your case so early. You were being cocky. Being "amused" at their response is one thing - but you overplayed it by putting that in writing and showing your cards. You don't respond to their response. You keep your mouth firmly shut. Too late for that now....

... " in drafting a response to the ET1 I foolishly delegated this to xyz who made an error in the submission, and wrote ******* when they should have written ****---* We will therefore be amending / adding to our response in due course"...

These documents are all alterable - yours and theirs.

Goatan

I haven't shown all my cards just pointed out some of the contradictions in there defence not all. I was hopping they might be more inclined to negotiate if they are aware that i know about these.

Unfortunatley i am representing myself as i can't afford representation. Intrestingly an advice site on tribunals suggests if they are bringing a barrister in it might be because they are not confident but that does depend on the companies attitude i suppose.

I have seen some contradictory information as one site suggests barristers can't negotiate but this barrister lists negotiations and EAT representation as a speciality, I could not find any reason why a barrister can't negotiate.

Yes i may have shown some of my case to early altough what i said was mostly a repeat of some of my ET1 guess i will have to wait and see and not say much more to them about it.

sangie595

Goatan wrote: »

I haven't shown all my cards just pointed out some of the contradictions in there defence not all. I was hopping they might be more inclined to negotiate if they are aware that i know about these.

Unfortunatley i am representing myself as i can't afford representation. Intrestingly an advice site on tribunals suggests if they are bringing a barrister in it might be because they are not confident but that does depend on the companies attitude i suppose.

I have seen some contradictory information as one site suggests barristers can't negotiate but this barrister lists negotiations and EAT representation as a speciality, I could not find any reason why a barrister can't negotiate.

Yes i may have shown some of my case to early altough what i said was mostly a repeat of some of my ET1 guess i will have to wait and see and not say much more to them about it.

Amongst every case I see involves a barrister for the employer. Bringing in a barrister is normal. And they can do what they want!

There are only two circumstances right now that you communicate with them - if they directly approach you you might consider responding; and if the tribunal tells you to. Otherwise, shut up! This is too early doors to be thinking settlement - if they are thinking it at all.

Goatan

Well i think that is what i will do and not say anymore than necessary and wait and see what thye do next. Just impatient i guess thank you.