Compromise Agreement/Settlement Offer - Unpaid Wages

[ideet]

Hello all

 

I left my previous employment where I am due unpaid wages. My employer has not been forthcoming and I am preparing to submit an ET1 form to the Employment Tribunal. In the meantime, I would be happy to settle the claim for a portion of what I am owed, just to have it over and done with.

 

I have read that settlement offers (Compromise Agreements) have to be signed by a solicitor in order to be legally binding.

 

My question: is there any way in which I can make a Without Prejudice settlement offer to my previous employer in full and final settlement without involving lawyers? If so, does anyone have a template I could review?

 

Many thanks!

[papasmurf1cx]

It can be done through ACAS, not sure if that is after you have submitted the ET1 though. It is a COT 3 document.

 

To be honest though if the employer has not been forthcoming up to now, he is unlikely to ever be. In my experience employers have to FORCED into settling actions. If you send an offer in then you show your weakness in not wanting to take legal action. Any offer will be a fraction of what you actually offer to settle ie only likely to wind you up.

 

In my opinion if you have the stomach for it, is to issue the ET1 wait to see if they defend it. If they do you could try and send a "Without Prejudice save as to costs" letter then and see what response you get. If it is not to you liking then proceed with the claim.

 

maybe, just maybe, they will admit their failings and settle in full before employing very expensive solicitors. Ultimately they always make decisions on what is the cheaper option. Solicitors are not the cheaper option for employers. Call their bluff and issue the ET1.

 

Good luck.

[dom2599]

It can be done through ACAS, not sure if that is after you have submitted the ET1 though. It is a COT 3 document.

 

To be honest though if the employer has not been forthcoming up to now, he is unlikely to ever be. In my experience employers have to FORCED into settling actions. If you send an offer in then you show your weakness in not wanting to take legal action. Any offer will be a fraction of what you actually offer to settle ie only likely to wind you up.

 

In my opinion if you have the stomach for it, is to issue the ET1 wait to see if they defend it. If they do you could try and send a "Without Prejudice save as to costs" letter then and see what response you get. If it is not to you liking then proceed with the claim.

 

maybe, just maybe, they will admit their failings and settle in full before employing very expensive solicitors. Ultimately they always make decisions on what is the cheaper option. Solicitors are not the cheaper option for employers. Call their bluff and issue the ET1.

 

Good luck.

 

This is what we did, not only did they withhold wages, but unpaid holidays were dug up as well, what should have been wages of £70, has changed into an offer of £457, so it is worth setting a benchmark with the ET1