Disability Discrimination

[lbruk]

Hey, yes i am, and you cant claim under the freedom of information, however you can ask for it under the Data Protection Act. They have 40 days to reply to you though.

[lbruk]

Hi all,

 

As some of you maybe aware, I have a tribunal approaching rather quickly. 10 days ago I agreed to a settlement that was agreeable.

 

Now, the completed COT3 document has still to be finalised as I have disagreed with a lot of the clauses because they were giving better terms to the respondent than to me.

For example the part about not making derogatory remarks about the respondent was retrospective in my case but not theirs, I've asked for it to be equal.

 

ACAS are struggling to piece this together because the original solicitor has gone on holiday, and then the replacement solicitor has gone on holiday too!

 

My question is that they are starting to irritate me because of their inability to write a simple document, what are the consequences of me reviewing my position and now refusing the settlement on the grounds that it is all taking too long. Apart from the obvious bit of annoying the solicitor and respondent, are there any other things that could happen?

[dx100uk]

several threads merged on the case

 

please keep to one thread for all matters regarding your case.

 

dx

[Emmzzi]

If you've been offered a reasonable settlement and still go to ET that can go against you. But, your call. You takes it, you renegotiate in the timescale, or you leave it!

[lbruk]

Well,

 

Its all done Without Prejudice through ACAS. Its not the settlement value that's the problem, its the wording that is not equal in the agreement. There is no renegotiation needed, they just need to make the agreement fair for both parties and get it to me within a reasonable time frame, which they have failed to do.

 

How do you mean it could go against me? In what way as the judge will not know about the settlement discussions?

[Emmzzi]

Go against you in that you get a smaller payout from the ET or none at all.

 

OTOH they may make an offer and then not honour it later.

[becky2585]

It won't go against you at the full hearing as the discussions with ACAS are confidential and the settlement discussions are without prejudice.

 

Where it may go against you is if you turned down a reasonable offer of settlement, the case went to ET and you were awarded less. They could then apply for costs if they were that way inclined.

 

In terms of what you're asking, it's completely reasonable for a non derogatories clause to be mutual, so I don't think you're asking the earth!

 

Just bear in mind that once a verbal agreement has been reached with ACAS, it's legally binding and you won't then be able to go to a tribunal if you change your mind.

[lbruk]

We have the full and final agreement now, with all the tricky clauses removed!

[goboy]

We have the full and final agreement now, with all the tricky clauses removed!

 

Well done 1bruk, hope everything turns out OK for you.

[lindyhop]

Hi Ibruk

 

im really pleased for you, especially because of the advice and support you provided with my own case. Congratulations:-D and all the very very best for the future.

 

Regards