Is judicial mediation better to settle to withdraw claim and terminate employment

Marcon

Uyuni said:

Undervalued said:

  

But have you had any independent legal advice that the claim (if won) would yield anything like three times the employer's current offer?

Yes there are occasionally headline grabbing awards but the vast majority of cases won at tribunal yield well under £10K.

You also need to factor in the huge amount of stress (and risk) in fighting a case against a big employer. Whilst some will readily settle cases that they would most likely have won, just to be rid of the problem, others will happily spend far more on defending cases than it would have cost to settle. What is this employer's normal approach?

You don't say how much this "third" is in cash terms. If serious amounts of money are involved, get some proper legal advice (i.e not ACAS).

Finally remember that even if the case is ultimately won at tribunal. they have no power to order the employer to provide a reference. An agreed reference as part of a settlement can be worth far more than a few extra £K in compensation, as it may be very difficult to get a decent job without one.

Thanks for your comment, on tactical aspect, one of the issues are that if she settles now she'd be without job at all. I'd understand there is a severance consideration here aside of the actual aspect of the discrimination case, as she is still employed. unfortunately there is no space for her in the organisation so this cannot be asked on judicial mediation. However being without job will affects us on personal matters at this time, she needs to show income through employment.  

On terms of calculation that goes up with the law definitions on the severity of the injury band c of vento guidelines, and the payments owned on wages and holidays. 
the main reason to settle is precisely an agreed reference and other confidential aspects.

Thanks again. 

Are you saying she is in fact redundant, or about to be made redundant?