Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #61
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    Default Re: Employment tribunal

    Quote Originally Posted by JasJules View Post
    The additional complaints may be dealt with as a separate claim at this stage, not least given you will need to involve ACAS in relation to this complaint before you can then lodge a claim in the Tribunal (and thereafter seek to join the two claims).

    ETA - also does your friend have house insurance?

    If you wish to add new complaints to an existing Claim, you don't need to contact ACAS again (see Science Warehouse Ltd v Mills UKEAT/0224/15/DA)


    You have the right to bring in a separate Claim, however, I wouldn't advise it in this circumstances

    The new complaint would strengthen the previous one so I think it is best to add it to the existing complaint

    The other side would seek to oppose it though but if the event happened after ACAS has been contacted then they will have no grounds in the opposition


  2. #62
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    Default Re: Employment tribunal

    Interesting thank you for that - that case disagrees fundamentally with previous law I have relied upon!


  3. #63
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    Default Re: Employment tribunal

    Hi everyone. Just a little update. The company directly is trying to negotiate a settlement before the preeliminary hearing at the end of this month.

    We went to a barrister and she prepared schedule of loss. Next day my friend met with the company representative ( one of the top managers) , who was shocked she used legal professional. Reason being was that they offered 8 times smaller amount than the estimate in her schedule of loss. Not sure, if I am allowed to give figures, so will just speak vaguely. My friend gave them reasonable offer, about 38% lower than the amount in schedule of loss. The company representative called her next day, asking for another meeting for next week, probably trying to lower the amount. My friend accepted the offer for meeting, but is not going to change her offer.

    The barrister told us she won't be able to take the case on no win no fee basis or anything similar, as the claim amount is not high enough to justify it for her. But she is happy if we use her services whenever needed to minimise costs.


  4. #64

    Default Re: Employment tribunal

    Thanks for the update. Its really common to negotiate over a settlement figure, and for the parties to start quite far apart.

    A settlement of 38% less than what you are claiming would in most cases be a very good settlement. People often get a lot less than that. As well as the chance of not winning, you have to consider that even if you win you might get less than you asked for, or in many cases what is known as a 'Polkey reduction'. The barrister would have asked for the most she thought could reasonably be asked for.

    So your friend should be prepared to negotiate a lower figure - and work out in advance of the meeting what her negotiating strategy is, and what her 'proceed to Tribunal' settlement figure is.

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  5. #65
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    Default

    Thank you for your advice. The barrister actually went middle of the road, the figure she gave was between the lowest and highest of expectations. It depends of course to all parts of the claim being upheld.

    The amount my friend asked for was also based on what it would cost the company to defend the claim, regardless if it is sucsessfull or not, as it is quite complex and will take up days of solicitors work - the barrister told us the hearing is most likely to last 3 days.

    Btw based on your experience what percentage of the claim she could get via a settlement ?


  6. #66
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    Default Re: Employment tribunal

    Polkey Reduction happens in unfair dismissal cases

    Is this an unfair dismissal case or sexual discrimination/harassment case?

    I think you went to a solicitor, not a barrister.

    Barristers are not allowed to deal with members of the public except they have direct access

    If a professional has assessed your case and given you a figure then you have a reasonable figure

    I will put that before the other side and ask them why they came up with such a low sum


  7. #67

    Default Re: Employment tribunal

    It is difficult to say what an appropriate % settlement would be without knowing:

    1) How strong the case is, i.e. what % chance there is of the claimant winning
    2) How likely it is that the claimant would be to get the full amounts asked for in the schedule of loss if successful

    However, I think it is fair to see that most settlements are for less than 50% of the amount claimed. In many cases much less.

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  8. #68
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    Default Re: Employment tribunal

    Quote Originally Posted by steampowered View Post
    It is difficult to say what an appropriate % settlement would be without knowing:

    1) How strong the case is, i.e. what % chance there is of the claimant winning
    2) How likely it is that the claimant would be to get the full amounts asked for in the schedule of loss if successful

    However, I think it is fair to see that most settlements are for less than 50% of the amount claimed. In many cases much less.


    I agree that it is difficult to assess the Claim since we don't know the full facts


    However, I believe since the "barrister"(most likely solicitor) has come up with a figure then it must be reasonable


    The OP should go back to the other side and ask why do they have such low sum


    Then he would be in a better place to make a decision


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