Settlements - how much should I ask for?

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  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    FBaby wrote: »
    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?

    No discrimination claim would ever succeed if it needed to be in writing that the reason for detrimental treatment or dismissal was a protected characteristic!


    Taken together I agree with the previous comments that you're not looking at mega-bucks with your length of service and he fact that you are now in work; and your solicitor is probably about right. If you do have a case then for them to defend it will cost thousands. I'd ask for the upper end of what your solicitor is suggesting but be prepared to settle for a bit less.

    Good luck.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • jobbingmusician
    jobbingmusician Posts: 20,343 Forumite
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    I wouldn't consider an opening gambit of less than 6 months' salary, FWIW. I take the point about 2 years' service, but if you have good evidence that your dismissal/treatment was discriminatory, go for it!
    I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.

    This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.
  • Gavin83
    Gavin83 Posts: 8,751 Forumite
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    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.

    If you aren't prepared to discuss it there's only so much advice we can give. The solicitor will tell you what you want to hear, especially as I assume they aren't working on a no win, no fee basis. I wish you the best of luck in your claim.
  • TadleyBaggie
    TadleyBaggie Posts: 6,056 Forumite
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    I hope you have deep pockets, as employment lawyers are likely to be charging in the region of £200+VAT per hour. I had a settlement agreement that I just wanted signed off, but by the time they faffed around they tried to charge over £1000 (even though they said their charge was capped at £500).
  • bugslet
    bugslet Posts: 6,874 Forumite
    edited 26 March 2018 at 10:59AM
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    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.

    One of my employees was told they had a strong case and he was looking for 43k; he got 2k on the grounds that we made a procedural error.

    Maybe you do have grounds, maybe you don't, solicitors aren't the ones who come to the decision though if it goes to tribunal.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    John-K wrote: »
    Go on then, amuse me, what do you think that I post fantasies about?
    The fact it says PPR under the username....
  • Gavin83
    Gavin83 Posts: 8,751 Forumite
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    bugslet wrote: »
    One of my employees was told they had a strong case and he was looking for 43k; he got 2k on the grounds that we made a procedural error.

    Maybe you do have grounds, maybe you don't, solicitors aren't the ones who come to the decision though if it goes to tribunal.

    Spot on. If I was the OP the last person who's advice I'd be taking on the validity of my case would be my solicitor. It's within their interests to make you push the case as far as possible, they get paid regardless of if you win or not.

    As the information is thin on the ground we can't really comment but I'd probably be getting a second opinion from someone who isn't biased to the case/people.
  • bonnielass18
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    I appreciate it is difficult to give me advice when I am not giving the information. I am just nervous that this is such a well known forum that if someone from work was to see it, they would know it was me!

    I am not applying for more jobs. There is a bonus scheme here that would potentially see me earning what I earned before but that certainly will not happen in the first year.

    Who would be able to give me unbiased advice, would it be another solicitor?

    The grievance I raised was for sex discrimination. The termination happened a week later and they said it was poor performance. And then they later changed their mind and said it was redundancy. It is all documented.
  • bonnielass18
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    P.s. the solicitor is working on a no win no fee right now however if it does go to tribunal, that might change. He is expecting that they will settle however
  • bonnielass18
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    I worked in a male dominated environment. In fact, I was the only woman in my team in the UK.

    I was disciplined around inappropriate contact and conversations - no investigation or hearing, just a written warning sent by email.

    I raised a grievance on their process that it was sex discrimination and pointed to the fact that the warning was not warranted and the fact that some of the items they listed on the warning simply were not true.

    I was then dismissed a week later. One of the reasons in my dismissal meeting was the issue with me and a colleague who I had developed a personal relationship with. We had been messaging (this wasn!!!8217;t an affair), his wife found out and thought something was going on.

    Messy.
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