Settlements - how much should I ask for?

ScorpiondeRooftrouser

bonnielass18 wrote: »

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

Just a thought, but now that you know about the issue you could just stop typing apostrophes.

Gavin83

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

What did they do that constituted discrimination?

With less than 2 years service and given the circumstances I think 4 months pay is extremely optimistic. You might get a settlement from them to make you go away but for 4 months pay they might be inclinded to fight it.

I'd probably ask for a month to close the case.

bonnielass18

Yes I knew I would not be able to claim unfair dismissal because it was under two years.

I do not really want to go in to it all as it is a very very long story... but after a series of events since I started, I tried to sort things out with the relevant people and it did not settle. So instead I decided that it was time to raise a formal complaint in writing detailing my complaint and my exclusion and the treatment I felt I suffered.

They met with me for a grievance meeting, and then dismissed me a week later (didn’t give me a decision on my grievance).

As I say, the solicitor feels that I have a strong case but he might just be trying his luck as I expect he will need to have x amount of cases on the go in order to convert a fee from one.

bonnielass18

It all sounds very formal when I do not use apostrophes! I am not sure how to change the setting you mentioned on my phone so formal it is...

The solicitor said that we would be able to claim the difference in salary - as although I have found a new role quickly, I have had to take a big salary drop (£15,000 p/a) in order to get back into work quick. I have a family, a mortgage etc same as everyone so I need to earn

marliepanda

Smodlet wrote: »

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.

May I respectfully correct this to say 'it is a problem with the MSE forum which they have still not fixed'

Its not a problem with Apple, as no other site has this issue. Nobody should turn off a perfectly functional part of their phone software to appease the developers of one website who appear unable or unwilling to fix it.

bouicca21

I've found I can rid of the irritating symbols if I edit after posting.

Edit: this time it didn't produce the symbols! I'm using an iPad .....

steampowered

bonnielass18 wrote: »

Yes I knew I would not be able to claim unfair dismissal because it was under two years.

If you were dismissed because you were discriminated against and raised a grievance about it, the 2 year time limit would not apply. That may be the angle your solicitor is taking.

Smodlet

marliepanda wrote: »

May I respectfully correct this to say 'it is a problem with the MSE forum which they have still not fixed'

Its not a problem with Apple, as no other site has this issue. Nobody should turn off a perfectly functional part of their phone software to appease the developers of one website who appear unable or unwilling to fix it.

Yes, thank you, Marliepanda. I omitted to specify this is the only site affected to the best of my knowledge. Since I do not own an Apple device, my knowledge is second-hand but I have read so many times on here that this is the case, I believe it to be true.

nicechap

bonnielass18 wrote: »

FYI - I have already engaged a solicitor however I would like to have some reassurance around what I should be asking for based on other people’s knowledge or experience.

I was a reasonably senior employee in an organisation until the past few weeks. I had experienced treatment that I felt was discriminatory and I raised a grievance with my employer. I was subsequently dismissed.

I have since enlisted the help of a solicitor but I wanted to get some advice on what I should be asking? I’m in a new role now however I have had to take a significant paydrop. The solicitor has suggested we should be asking for around 3-4 months salary. But can anyone give me an indication of what they’ve settled or have seen settled for in other cases?

Any help is really appreciated

bonnielass18 wrote: »

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 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

bonnielass18 wrote: »

Yes I knew I would not be able to claim unfair dismissal because it was under two years.

I do not really want to go in to it all as it is a very very long story... but after a series of events since I started, I tried to sort things out with the relevant people and it did not settle. So instead I decided that it was time to raise a formal complaint in writing detailing my complaint and my exclusion and the treatment I felt I suffered.

They met with me for a grievance meeting, and then dismissed me a week later (didn’t give me a decision on my grievance).

As I say, the solicitor feels that I have a strong case but he might just be trying his luck as I expect he will need to have x amount of cases on the go in order to convert a fee from one.

I'm having trouble understanding the flow of things.

You say you raised a grievance and they dismissed you? But they paid you your notice?

What was the actual reason given for the dismissal?

Did you raise the sex discrimination within the grievance or is that an afterthought?

Have you evidence they treated male colleagues in the same situation differently?

What did their reference say when you applied for the £34k job?

Are you applying for other £49k positions to minimise your losses?

I suspect you are hearing what you want to hear from the solicitor.

FBaby

So you have strong evidence that the reason for their dismissing you was because of sex discrimination and not that they had enough of you? Because of course, you believing that it was sex discrimination is not going to take you far. Do you have written evidence that your boss decided to dismiss you because you are male/female?