Wondering whether to ask my ex-employer to settle outside of Tribunal

[Wobbling_Wookie]

Hi all,

 

I've raised a Tribunal against my ex-employer on the basis of disability discrimination, including, failure to make a reasonable adjustment and unfair dismissal.

 

More details on the how and why are in my previous post, http://www.consumeractiongroup.co.uk/forum/employment-problems/234563-employment-tribunal-looming-respondent.html

 

Anyway, we have had two days of the tribunal in December and due to the snow in January I am still waiting to reconvene, which I have been advised should be in June/July.

 

During the first two days of Tribunal the respondent admitted that I was disabled and that they had not followed their own policies and procedures when they should have done to combat any detriment due to my disability.

 

Due to the time dragging on and my ex-employers admittance of the facts above, I believe they may be willing to settle so thought I might offer tha the option was available. I have drafted a letter to them, and would like advice on whether this is a good idea or not and if the content of the letter is acceptable.

 

Thanks in advance for any help you can give.

 

"This letter is sent without prejudice.

 

During the course of the previous two days in Tribunal your client's witnesses have admitted that under the DDA they considered that I was disabled.

 

It was also revealed that using their own internal processes, at the point in 2004/2005 when I was on daily medication but still exceeding their “trigger” points they should have done something regarding Occupational Health reports and extending the level of “trigger” points I was allowed. However, they failed to do this and in doing so failed their own internal processes and policies.

At this time it would appear that your client has admitted to failing their duty under the DDA and under their own internal policies and procedures. It is my hope that as this has now been admitted in Tribunal, that your client may wish to consider settling this matter outside of Tribunal by way of a settlement. This would stop any potential publicity regarding this claim and save them the potential embarrassment this could cause along with saving them the costs of further tribunal hearings.

I look forward to receiving your reply."

[zooch]

If I was you...I have been through similary exp as you, wait until they offer settlement. If you approach them first, the settlement maybe small. It all about mind games. You will probably find that they will approach you even on the day of tribunal to offer you a settlement.

[honeybee13]

Hello there. I don't claim to be a legal expert, but I don't know how it would look if you offer to settle. In the few cases I've seen on here, I think it's normally been the employer who settled.

 

Have you spoken to ACAS recently?

 

HB

 

PS My post crossed with zooch's, but I think we are going along the same lines.

Edited April 27, 2010 by honeybee13
addition

[Bigredbus]

I fully agree with 'zooch' post (and 'honeybee13' one)...

 

Do not provoke the compromise agreement alternative... wait until they come to you and offer it...

Edited April 27, 2010 by Bigredbus
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