Settlements - how much should I ask for?

bonnielass18

The claim would be be for sex discrimination and for victimisation. The solicitor is confident I have a strong case should it get as far as tribunal.... I was earning 49k a year with a months notice and I was paid my notice so no issues there.

However I!!!8217;ve taken a 15k paycut and solicitor has said we can claim the time out of work plus the difference in salary once I start my new job. Plus injury to feelings.

He!!!8217;s confident my case would succeed at tribunal but I guess I wanted clarification that 3-4 months gross salary paid as a tax free sum would be appropriate. At tribunal I guess there!!!8217;s the potential I could reach north of 30k however that!!!8217;s not guaranteed... nor is winning!

bonnielass18

Sorry I didn!!!8217;t mean to put those exclamation marks in. Oopsie

Smodlet

bonnielass18 wrote: »

Sorry I didn!!!8217;t mean to put those exclamation marks in. Oopsie

It's not you, it's a known issue with so-called smart punctuation on Apple devices. Suggest you turn it off and punctuate for yourself.

bonnielass18

It is not very smart....

John-K_3

bonnielass18 wrote: »

153 views and no one has any input?

Comms69 wrote: »

Any advice from John K should be taken with a bag of salt- he’s a fantasist

Go on then, amuse me, what do you think that I post fantasies about?

steampowered

All of the following affects the level of compensation you would get for unfair dismissal:

- what your notice period is
- how many years service you have
- how old you are
- how long it took (or should take) you to find a new job
- whether the employer followed the ACAS code in taking its decision to dismiss

It is difficult for people to comment without knowing those details.

I've settled cases for £500 and settled cases for tens of thousands, it does depend on the circumstances.

In general, 3-4 months salary would be a very good settlement. Especially if you manage to get it at the start without the stress of starting the Employment Tribunal process, and especially if your solicitor includes an agreed reference as a term of the settlement agreement. You should probably be prepared to settle for less especially if you have already been paid for your notice period.

FYI the statistical average award for unfair dismissal cases as published by the MOJ is about £7,000 - that is obviously only from cases that were taken all the way to Tribunal and were successful.

simon2018

Hi

They have offered to stop case going to court. Cost of court possibly if they lose about 5/8k depending on whom they employed to take on their case.

Are you certain you will win and if win, may get a years pay. If you don't you will get nil and may have to pay costs, but please check on this as not sure.

Go for 9 months pay if you are seeking 6 months - they have noted their wrong, so min of 8k imo

bonnielass18

what your notice period is
- how many years service you have - less than 2
- how old you are - 32
- how long it took (or should take) you to find a new job - 1 month
- whether the employer followed the ACAS code in taking its decision to dismiss - not at all

I also had raised a grievance in writing that they decided to ignore

bonnielass18

We!!!8217;ve tried to negotiate and it!!!8217;s not happening, they won!!!8217;t even take the solicitors call. I!!!8217;ve already started the tribunal process

steampowered

bonnielass18 wrote: »

what your notice period is
- how many years service you have - less than 2
- how old you are - 32
- how long it took (or should take) you to find a new job - 1 month
- whether the employer followed the ACAS code in taking its decision to dismiss - not at all

I also had raised a grievance in writing that they decided to ignore

The crucial bit of information there is that you have less than 2 years' service.

You'd only qualify for unfair dismissal protection if you could prove that the reason you were dismissed was unlawful discrimination. This is very difficult to do and puts you in a much weaker position than if you had 2 years' service.

Unfair dismissal has a statutory component calculated according to a formula, and a compensatory component for any loss you suffered.

As you are young and have not much service, your statutory award would be very low.

And as you found a new job within a month, your compensatory award would essentially just be a month's pay.

If you proved discrimination you'd get extra compensation on that part of the claim, but discrimination claims are quite hard to win.

All in all, 3-4 months pay is starting to sound very optimistic. Perhaps think more like 1 month's pay.

I imagine the employer will start being a bit more willing to engage with your solicitor when the ET proceedings hit their doormat.