Employment Tribunal Case - Settling through ACAS

[Autumn Banter]

My husband has been engaged in an ET case with a former employer for several years. The hearing has been rescheduled many times and now ACAS has contacted us saying that the employer is interested in settling. What is the best way to negotiate a fair settlement and is it best to document the amount we are seeking using the original schedule of loss? Can we include the costs we incurred for traveling to the original hearing which was rescheduled the morning of by ET? This has been an incredibly trying situation and we want to make sure we get what we are owed, but don't want to come across as greedy or ridiculous. Any advise is appreciated.

[stu007]

Hi Autumn Banter

 

Welcome to CAG I am sorry you have not had any replies yet but please be patient as I am sure the caggers will be along soon to give you their wisdom.

 

In the meantime please have a look around the forum as you may find useful information.

[becky2585]

Hello

 

Your witness expenses can now be clawed back through a costs application, so it's not unreasonable to ask for them as part of settlement.

 

Do you have a schedule of loss? As a ballpark, aim to settle for 50% of the full value of the schedule (which should represent the absolute best case scenario) if your case is 50/50 chance of succeeding... If higher, aim higher!

 

Don't forget that any verbal settlement reached through ACAS is legally binding, so be careful not to accept something if you aren't 100% sure.

[steampowered]

It is very difficult to say as everything depends on the circumstances. I guess the most important factor is the attitude of the employer and the amounts involved. If you are claiming a relatively small amount most employers try to settle because they know going to a Tribunal is expensive and are unlikely to recover legal costs, even if they win. If you are claiming a large amount then legal costs are not so big in comparison to the claim so you need to be prepared to offer deeper discounts.

 

The other factor is the strength of your claim. Generally speaking, discrimination and constructive dismissal claims are much more difficult to prove at Tribunal than simple unfair dismissal or unlawful deduction of wages claims. Take this into account.

 

I would use your Schedule of Loss as a starting point. See what the employer offers and negotiate up from there.

 

Also do not fall for the old trick of artificial deadlines, I have seen countless "final offers" raised and many offers which "must be accepted this week" kept open for months. There is no reason for an employer to impose made-up deadlines on an offer, so do not feel you are under excessive time pressure.

[becky2585]

It is very difficult to say as everything depends on the circumstances. I guess the most important factor is the attitude of the employer and the amounts involved. If you are claiming a relatively small amount most employers try to settle because they know going to a Tribunal is expensive and are unlikely to recover legal costs, even if they win. If you are claiming a large amount then legal costs are not so big in comparison to the claim so you need to be prepared to offer deeper discounts.

 

The other factor is the strength of your claim. Generally speaking, discrimination and constructive dismissal claims are much more difficult to prove at Tribunal than simple unfair dismissal or unlawful deduction of wages claims. Take this into account.

 

I would use your Schedule of Loss as a starting point. See what the employer offers and negotiate up from there.

 

Also do not fall for the old trick of artificial deadlines, I have seen countless "final offers" raised and many offers which "must be accepted this week" kept open for months. There is no reason for an employer to impose made-up deadlines on an offer, so do not feel you are under excessive time pressure.

 

Good advice - and on a similar note, a "final offer" is very rarely so....