Employment issue since sudden death of my mum

JCS1

Genuineguy03 wrote: »

@JCS1

That's correct. Me and Marli (and others) were in debate over disability and reasonable adjustments on other threads. My post in response to Malipanda here was inlight of that debate on other threads.

So not relevant to this thread then.

BrassicWoman

Genuineguy03 wrote: »

Marli

They are "legally obliged" to when said adjustment is reasonable and not unreasonable I.e. where costs are disportionate.

That is in no way at all the only criteria which determines reasonable!!


I think you mean EG not IE - very important difference

Genuineguy03

Brassic

Yeah your right. But as said before 1: I dsylexic
2: auto correct.

Casey1709

3 Asperger?

4 delusions of grandeur (remember we’re supposed to look up to you)

Genuineguy03

Nope neither of them two Casey.

But I do expect people to be respectful. I never openly questioned anyone's advice in a disrespectful way if I disagree with them. If I do, I do it in respectful way and provide evidence to back up why i disagree with their advice. Yet in each debate/argument so far, its started with people calling me out.in a disrespectful way, saying I wrong, my advice us dangerous or nonsense. Whilst not providing anything to substantiate there claim.

And I won't stand there and allow anyone to basically me or my advice. when I know my advice is right in law. If I am proven wrong, then I'll hold my hands up and apologise. But so far no ones proved my advice wrong in law. In fact I was providing case law to back up my argument.

Someone provided stats to back up there point that only 7% of tribunal cases are won by employees. Yet didn't realises that the same stats backed up my point that most employment disputes are won by the employee. As the stats showed 51% of claims withdrawn pre tribunal hearing stage, therefore settled pre or during ACAS mediation stage. Granted not all withdrawn due to settlement offer, but majority are. Some disputes are settled by settlement offer prior to tribunal claim actually being made. So its actually reasonable to assume 50-60% of all tribunal claims issued end in favour of the employee, and not 7% as the other poster suggested.

Anyway that's enough of that.

Les79

Genuineguy03 wrote: »

Someone provided stats to back up there point that only 7% of tribunal cases are won by employees. Yet didn't realises that the same stats backed up my point that most employment disputes are won by the employee. As the stats showed 51% of claims withdrawn pre tribunal hearing stage, therefore settled pre or during ACAS mediation stage. Granted not all withdrawn due to settlement offer, but majority are. Some disputes are settled by settlement offer prior to tribunal claim actually being made. So its actually reasonable to assume 50-60% of all tribunal claims issued end in favour of the employee, and not 7% as the other poster suggested.

Anyway that's enough of that.

Hang on a second...


Where did these stats first appear on this forum? I have admittedly skimmed this thread (so apologies if I've missed the post(s)) but I didn't initially find any reference to ANY statistics on here...


The stats you have provided are actually very interesting in principle and, if true, you make a good point.


But I can't help feel that you've maybe posted them on ANOTHER thread?

NeilCr

That would be me on this thread

https://forums.moneysavingexpert.com/discussion/5923975/forced-to-resign-due-to-disability-need-advice&page=3#topofpage

And nowhere did I suggest that 7% of employment cases were won by the employee. I suggested that Genuine Guy perused the stats and that they reflected my experience. I did say there weren't that many successful cases and it is certainly a moot point whether or not a "small" settlement is actually a win - especially if the employee has lost their job

And it was in response to this comment by GG

"The OPs manager doesn't have a choice if he wants to avoid losing a tribunal claim and paying the op substantial damages"

nicechap

Mea Culpa.

In the post below Neil's on the quoted thread.

Les79

NeilCr wrote: »

That would be me on this thread

https://forums.moneysavingexpert.com/discussion/5923975/forced-to-resign-due-to-disability-need-advice&page=3#topofpage

And nowhere did I suggest that 7% of employment cases ended in favour of the employee. I suggested that Genuine Guy perused the stats and that they reflected my experience. I did say there weren't that many successful cases and it is certainly a moot point whether or not a "small" settlement is actually a win - especially if the employee has lost their job

And it was in response to this comment by GG

"The OPs manager doesn't have a choice if he wants to avoid losing a tribunal claim and paying the op substantial damages"

Hmm, that's a super interesting post. Cheers for the link.


Nicechap mentioned "only about 7% of Tribunal claims are won by the employee " then, in the same post, "something like 50% of cases are withdrawn before getting to tribunal".


Was genuineguy referring to that? Because I don't think that necessarily implies that 50-60% of claims are won, but rather 7% are won and (50%-X) are settled beforehand, where X = the number of employees who just give up.


To be completely fair, it would be great to see some ET statistics from an official body (ACAS would do). Also, it is all probably a bit moot for the OP in this instance.

nicechap

I think Sangie was right:

http://etclaims.co.uk/2015/01/claimants-ever-win-employment-tribunal/

Most claims don’t actually reach a final tribunal hearing.

20%, one in five, is settled via ACAS. 53%, just over half, are withdrawn by the claimant. Most of these withdrawals, but not all, represent some form of non-ACAS settlement. So, in somewhere around two thirds of cases, claimants walk away with a negotiated settlement.

Only 3% of claimants obtain default judgment — judgment entered in their favour because the respondent failed to reply to the claim.

Rather more, 8%, have their claims struck out without a hearing. In the vast majority of cases this is because of failing to obey the tribunal’s case-management orders.

Only 14% of cases are determined at a hearing by the tribunal. In 2013-14 the results were split precisely down the middle. Half were won by the Claimant and half by the respondent.