employment tribunal

thank you both for the flowers. So kind of you to think of me . We managed to get the application done tonight and finally agreed what to put in! so we can relax a bit now . We are just waiting for the employers response to our original application to the tribunal so we may have a better idea what we are up against when we see what they have to say. Will keep you posted and thanks again.

I had a text from a friend tonight who is on holiday in Spain her husband had been rushed into hospital but all his family are flying out tomorrow as he has taken a turn for the worse. I feel for her having to deal with all this far from home and it just puts everything into perspective.

Keep going seasider. As long as they think you are heading for the tribunal, they will have to put in many more hours work than you have, and they will be weighing up what that entails against offering to settle in advance. They will make a pathetic offer first, but no-one accepts that, so stick to your guns and don't be put off by anyone telling you you will end up with nothing. The nearer the tribunal date is, the higher the offers get, and the keener they are to settle. Organisations do like to boast ' we have never been through a tribunal' which they would be able to say if they settle before the court date.

had a response from the other side but funnily they have failed to comment on all the points we can prove and concentrated on those that are a bit vague. They have also suggested that any compensation payment should be reduced as DP brought it on himself! does this sound like they are already accepting he will win or is that just wishful thinking? no luck on the job front yet.

Good luck, seasider, and don't let them wear you down. The first offer in my daughter's medical negligence claim was a quarter of the final settlement. It took seven years to get the MDU to come to the table and they settled a week before the case was due to come to trial.
ATOS is a disgrace - Private Eye has revealed so many cases where someone who is obviously unable to work has been told they are going to lose their benefits. One woman attempted suicide.

seasider and good luck!

Just commenting on a compensation payment demonstrates there is something to pay out - it's a matter of haggling. Keep going seasider and ignore their comments. The longer you continue, the more likely you are to get a higher settlement.

Atos has nowt to do with et but I agree with you.

The other side have asked, via ACAS, for a delay in submitting the "bundle" I think they said it was due to financial constraints/reasons? any idea what this means? are we being too hopeful in thining they may be considering an offer? thanks

The bundle is just the collection of paperwork, and whatever they have, they have to hand over to you. If they are struggling to compile all the information because of financial constraints, the judge will require them to meet a deadline or settle. They can save on their financial constraints by making you a decent offer and ending the process. Good sign so far, seasider!

thanks Carol I did wonder if they may be considering an offer but did not want to be too optimistic!

Just brave it out seasider. They go through this process and in the end decide contesting it will cost too much, but if they hang on a bit and send subtle messages, they're hoping you'll give up first. You have the upper hand. Don't accept the first offer, but you can always indicate an amount you will settle for e.g. if they offer £1,000 and you want more like £20,000, tell them you'll settle for £40,000 and let them haggle it down to what you have in mind. Settle when you're happy with what they've offered and you think they won't offer more (they will say that's it and we're not offering more, but that's a ploy). Otherwise, just go to tribunal.

So much good information from GNers on here good luck with your outcome seasider it looks good from where I'm standing (sitting) hold out for what you want.

thanks everybody will keep you posted x

Hi everybody the other side made us an offer of £1500 today (ha ha!) needless to say we will not be accepting their generous offer. ACAS also told us we bould not claim for costs related to applying for new job etc ( this was only £40 for stamps, photocopying CV etc) but I have seen evidence of cases where they have been allowed? At least things appear to be moving a bit now x

It sounds like things are on track seasider and, as predicted, a paltry settlement sum has been offered. Have you told them what you're prepared to settle for yet? Make it double what you have in mind and don't disclose that amount to anyone, even a solicitor working for you, as they are all mates outside the court and they have in mind what they want to settle for, too - it might not fit in with your requirements.

You can expect the process to continue and all documents have to be prepared ready for submission. The other side won't want all that hassle, so usually prefer a settlement to save more work. The more senior management you want to call in to the tribunal, the more likely they will be instructing their solicitor to get you off their backs so they don't have to attend - too costly and inconvenient.

The hint that no claim should be put in for costs of looking for another job indicates 'don't go to all that trouble - a cover-all payment should be made.' The one I have referred to was given the same advice i.e. 'you have given details that indicate your claim should encompass how much you have lost, too.'

The last one I was involved in set a date for 5 months hence, after the first small offer was refused. The judge said she wanted to see a settlement before the tribunal, so she could see there was a case for grievance. Then 3 months in, two offers came in a fortnight apart, so it got to 6 weeks before the tribunal date. The settlement was dealt with very quickly after that, and cheques were sent out on the last day of that month. Good luck - you're getting there!

Forgot to say - the very fact of an offer being made is the strongest sign that they see you have a case.

Thanks again Carol. The ACAS lady did ask us what we would be prepared to settle for but we have already submitted our schedule of loss to them so they know what we are asking for! We are going to prepare the statements as requested then just wait and see what happens.

I've not been on Gransnet for long so have only just picked up this thread. I have been through a tribunal for constructive dismissal and my employers settled out of court just ten minutes before we were due to go in. The whole process was very stressful so I don't envy you.
Just a thought....Have you checked your household insurance? Not everyone is aware that some policies give cover for legal expenses. Mine did so I didn't have to pay my solicitor a penny.
Good Luck!

Thanks Merlotgran I will check that out! the other side have upped their offer by a measly £1000 today and are now trying to give us all the reasons why we cannot win!! I agree it is very stressful . DP passed out yesterday and the doctor believes it is due to blood pressure problems which I think will have been exacerbated by the stress of the whole process. I know we have to go through the negotiation process but at the moment it just seems a farce. For me the tribunal cannot come soon enough so we can get it sorted one way or another and move on. If DP wins his case for unfair dismissal I think it may help with his job search too as it is very difficult explaining to prospective employers why he lost his job.

seasider I'm sorry to hear your DH has been having such a hard time healthwise. The attempts to discourage you are typical - the one I was involved with was bombarded with threats that no-one would receive anything if they didn't capitulate, so the response was 'ok, we'll have to sort it out in the tribunal.' A better offer came in soon after that!

The bargaining between both sides can go right up to the wire so don't settle for a measly amount and ignore threats. I had to go to court twice as the woman responsible for cooking up a case against me didn't bother turning up the first time. She was held in contempt of court and my former employers had to fork out a considerable sum which they were advised to try and get back from her as she had already left them and set up her own company in competition. This meant I had to go back but I felt more confident the second time as it was obvious to all that the whole thing was a stitch up. I was happy with the amount I received but had to sign a confidentiality agreement.
Do tell your DH that no matter how stressful it all is the other side will be doing all they can to make you feel they have the upper hand and will want to part with as little money as possible. Stay strong!

PS to my last....I too was worried about explaining my reasons for leaving to future employers as I was offered a new job before the tribunal took place. I was totally honest with them and produced references that satisfied them. They were happy to give me time off for the tribunal (twice) and made me feel they regarded me as an asset. You may be pleasantly surprised how kind and supportive prospective employers can be. It takes guts and tenacity to hold out for a fair outcome which are qualities they will be looking for.

O seasider you have my full sympathy. As I think I have said, either here or elsewhere, the fact that DH went into hospital 4 days after his tribunal seems more than just coincidence.I know he had an infection, but feel the stress we were both under has to have undermined his health. We both hated it and yet I would say you MUST hang on in there and be positive as otherwise you are giving in to bullying.

Thanks again everyone for your help and advice. I am determined to take it to tribunal if neccessary as i know they have treated DP very badly. Each time the other side come back with threats that we will end up with nothing DP starts to doubt he will win but I know it is a game they are playing. I realise this is what they will be paying their solicitors a great deal of money to do. DP was wondering if they make a reasonable offer we should reduce our claim and meet them in the middle but to be honest I think his claim was on the low side anyway and we can justify every penny claimed to a judge. I want to just hold out for the full amount or very close to it. As I see it we have nothing to lose but they could lose money and reputation. A little part of me wants to see the people (friends!!) who stabbed DP in the back on oath at the tribunal but common sense says we should accept a resonable offer.

thanks again for your support xx

Keep going Seasider. You have come so far now, and a settlement can not be far off. The tactics that these people use only go to reinforce the reason they are being taken to tribunal in the first place. They can't ride roughshod over employees and just brush them aside without having to compensate them. It will be a very expensive day for them if they have to go to tribunal, and it will be worth it for them to be able to settle and move on, not least because anyone else wanting to go to tribunal will be watching to see what happens. Many organisations boast 'we have never been through a tribunal' simply because they always settle outside court at the eleventh hour.