Been discriminated against on the grounds of disability

[nutter192]

When I submit my form showing me looking for work to mitigate my losses, should I mention my Open University course as evidence that I am trying to gain further position?

[papasmurf1cx]

When I submit my form showing me looking for work to mitigate my losses, should I mention my Open University course as evidence that I am trying to gain further position?

 

Yes

[nutter192]

Well despite Papasmurfs most elequeant email stating that the offer was unacceptable, I got an email from ACAS saying ' Further to your email the respondent wants to know what your counter offer is'.

 

So much for appreciating the written word!

 

Anyhow, I am going to make a counter offer of 20k and want to say something about it being a point of negotiation so it doesnt scare them off like the first time without making me look desperate. Any suggestions for a figure or way to express myself?

[papasmurf1cx]

Hey Nutter don't be so pessimistic !! They WANT to negotiate try £25K !

[nutter192]

haha cheers Papasmurf. Right so I just say in addition to the previously stated conditions of settlement I wish to counter with 25k?

 

I have had an interview in the past week and fingers crossed I will hear about it tommorrow so hopeully will soon once again be gainfully employed!

[papasmurf1cx]

"In order to settle the case I will accept £25k in full and final settlement of the case. The other terms and conditions included in my letter dated XXxXXXXX also apply."

 

My usual 10% applies !!!!!!!!!!

[nutter192]

How about 5%...?

[papasmurf1cx]

They will come back with a silly offer but higher than before. Good luck.

[nutter192]

Thanks, all comes down to the negotiating its so tedious!

[papasmurf1cx]

Just remember those numbers you actually want and stick to them. They want out just as you do but they also don't want to pay too much. Their solicitor will be telling them what he thinks your case is worth and telling them what the legal costs will be on top.

 

Them having a solicitor is a good thing and a bad thing at the same time. Good in the sense they will run rings around the litigant in person .. you, but a bad thing in that it increases their costs greatly. That is where they are vulnerable. Most litigants don't get what the case is actually worth but to get what you actually want (and a bit on top if you can get it) is definitely the aim.

[stuart_coogh]

nutter you were offered i think £3000 to drop your case, which is you rightly rejected, did you ask for £30,000 and now you have dropped to £25,000, they will come back with a silly offer, i think anything from £10,000 to maybe £14000 would be a good offer, look at it like this you made their life hell and rightly so, you have won nutter, they have to pay you now, btw how strong was your evidence against your employer?

[nutter192]

I did ask for just above 26k in my Schedule of Loss, so if they offer silly money I demand silly money.

 

My evidence against my employer is quite strong however all employment tribunals are subjective so you never know on the day.

[nutter192]

Update

 

Ex-employer as come back rejected 25k offered 7k, going down to 18k see what they say. They have agreed the reference and if I drop down to this, then they should counteroffer around 10-11k. ultimately i think between 12-15k is reasonable and this will be my range to settle for.

[becky2585]

Hi nutter

 

How are you breaking down the offer?

[nutter192]

There hasnt been any breakdown of any of the offers so far. It just a case of agreeing a figure really.

 

When I make my counter offer Shall I offer a breakdown of what I am asking for?

[stuart_coogh]

you will get between £10,000 - £18000 which i think is a good amount considering you made the companies life a hell, but you say your evidence was strong which is why i can't understand them turning down your £26,000 offer

[becky2585]

Re the breakdown, I meant how did you work out what a good settlement figure would be - I presume you didn't just pluck a figure out of the air!

[nutter192]

no its been pretty much like this. Schedule was 26k including lost wages over last 8 months. They offered 3k, i countered with 25k, they offered 7k I countered with 18k. So looking somewhere hopefully between 12 and 15k.

[becky2585]

It sounds promising - they seem fairly happy to increase their offers so far! Best of luck for a good result.

[stuart_coogh]

any news nutter, have you managed to settle yet, what kind of an offer they did make you in the end?