Offered Compromise Agreement - redundancy/unfair dismissal/sex discrimination case

[dmlferguson]

For appeal meetings is it reasonable to be asked to meet 40 miles away?

[dmlferguson]

Just completed my ET1 and I don't know what to put for section 6.1. I've done my schedule of loss should I put this in at this stage?? I'm sure I read somewhere that this should be disclosed further down the line. Is this correct??

[lilly of the valley]

Hi D,

 

I have my ET1 form with me at present, just sign the boxes that you feel apply to your case. I would tick the first box and write a brief statement in section 6.2 which would describe the incident(s) which you believe amounts to your reasons for taking this matter to the employment tribunal.

 

As for the schedule of loss, just hold on to that for the time being, that does not need to be submitted just yet.

 

L x

[dmlferguson]

Hi L

 

Its S not D but thats OK.

 

I don't have a 6.2 on my form. Maybe you mean 5.2 - to set out the particulars of the case. 6.1 is for how much compensation/remedy I want. Having calculated my schedule of loss it seems extreme. I need to put something but not sure what.

 

S

[lilly of the valley]

Apologies S.

 

Am not sure what your boxes say, the form may have been updated. What ET1 form version do you have? My one is version 6.5 and this is printed on the Receipt page which you will see when you have printed off your ET1 form.

 

Anyway, if you are not sure what box to tick you can always give the employment tribunal a call, they should have an enquiry line, they will be able to advise accordingly.

 

How did you go about setting out your schedule of loss?

 

L x

[dmlferguson]

Version 7.9

 

I'm doing it online.

 

I've set out my schedule of loss under the individual complaints. Working out what I'd loss in income between now and the tribunal and then for 6 months after the tribunal. Then added the injury to feeling of £15000.

 

I've probably got it wrong but its not up to me what I get anyway....I'm just making a guess.

[lilly of the valley]

Ok thanks S. When it comes to schedule of loss, as long as we are able to explain how we have arrived at the figures set out in the schedule of loss it is ok. There are compensation calculators that you can fill in on line also, this should give you some accurate figures i you have not done so already.

 

Oh and by the way, sometimes it is up to us what we get - I did.

 

L x

[dmlferguson]

Isn't that just if they settle out of court??

 

If it goes to ET they decide don't they??

[dmlferguson]

ET1 submitted!

[lilly of the valley]

Sorry S, did not understand your previous question before you submitted your ET1, what was your query exactly?

 

L x

[dmlferguson]

Sorry I was just asking about setting a figure for compensation on the ET1 form. You say that you can chose how much you get, or thats what happened to you. But I presumed that this was only the case if you settled out of court rather than the ET judge setting the compensation once the case is won.

 

S

[lilly of the valley]

Oh ok hon, if we are taking about the ET1 form it should have a section which asks you what you want if the case is successful, if so there should a box amongst others which says "compensation only" if you have ticked this box this is fine, the schedule of loss is something that is dealt with later on.

 

If the matter does not go to court and the other side seeks to settle out of court, there is always a possibility that the compensation figure set out on your schedule of loss will be met but you need to be able to show how you arrive at the figures specified.

 

There is a possibility that they do not give you the compensation which you are asking for but what they offer is reasonable and you are happy with it, there are so many ways that this can work out.

 

L x

[dmlferguson]

I've been accepted! Another step complete. One step at a time they say!

[dmlferguson]

Hi everyone

 

I've been assigned an ACAS councillor. Can anyone give me an idea of what they do? What is involved??

 

Will it involve a face to face meeting with my ex employer? Or conference calls or do they act as a mediator??

 

Hope you can help.

[becky2585]

An ACAS Conciliator is automatically assigned to every case. They don't actually really do anything unless one party requests it, although depending on who you get, they may call to introduce themselves and see if settlement of the case is a possibility.

 

Basically, their role is that of an impartial go between. If you have an offer of settlement to make, it can be done through them. Anything you say to your conciliator is confidential and without prejudice unless you indicate they can reveal anything you tell them. They will also finalise any COT3 Agreement if settlement is achieved.

 

What they can't do at this stage is offer legal advice. They have to now be shown to be impartial and independent.

[dmlferguson]

Hi Guys

 

My CMD is coming up tomorrow. The letter says:

 

You must be able to discuss:

 

a) Clarify the isues in the case and give any necesary Orders for further particulars; - I'm OK with clarifying the claim but I'm not sure what particulars I will need as yet. Any guidance would be great. I know all claims are different but ideas might get my brain ticking.

 

b) Consider what, if any, Orders are required for disclosure of documents and the attendance of witnesses; - I'm going to ask for all the documents relating to the redundancy and flexible working request investigation etc. Any other ideas from anyone?? Witnesses - I'm a bit concerned about. Everyone that witnessed this are too scared to be involved. Should I list them anyway? Should I only list the people that will be favourable. Do I get to question the respondents witnesses?

 

c) Arrange if possible, for agreement as to documents; - I have no idea what documents I will receive from the respondent. Should I just list what I have and what I am requesting from the respondent? Can I add documents at a later date at bundle stage.

 

d) Arrange how long the case is likely to last and give directions as to the date and length of the hearing - How am I supposed to know how long the case will take to be heard?? As for date ASAP.

 

e) Give any other directions which may be necessary for the fair and expeditious disposal of the case - is this the schedule of losses??

 

Can anyone help with the questions I've got???

[dmlferguson]

I'm struggling with my PCP for indirect sex discrimination. Am I along the right lines with:

 

Although my working hours were 09:30 until 18:00, I was expected to work in excess of my daily working hours, on a daily basis. Working throughout the country, often staying in hotels overnight. This made it impossible to arrange regular childcare, as my hours were never set, plans would change and it was expected that my husband would deal with any changes needed for childcare. When I asked for flexible working hours to ensure that once a week I was home by 6pm in order to facilitate a more regular childcare arrangement, this was denied. This left me at more of a disadvantage than male colleagues as they did not have the responsibility of childcare, whereas I did.

 

Am I along the right lines??

 

The respondents solicitor has said if I use this arguement they will use an objective justification test.

 

How can this be justified when I offered ANY flexible working practice as long as I was able to guarantee being home to my children once a week by 6pm???

 

Hope you can help.

[honeybee13]

Hello there.

 

I hope the guys will be able to get here in time to help you, but it's quite short notice for a hearing tomorrow.

 

My best, HB

[becky2585]

Yes, you are spot on with your PCP, well done.

 

Best of luck tomorrow.

[Emmzzi]

I agree and have nothing to add. I'm just letting you know I agree so you can be confident!

[honeybee13]

Thank you for popping ladies, and well done dmlferguson.

 

Please let us know how it goes.

 

My best, HB

[jackieandwayne]

Yep, best of luck for tomorrow, just stay calm. I had a telephone CMD last Wednesday, I'm helping a friend. The judge was really good, knew we were unrepresented, and went out of his way to make sure we understood everything. If you don't understand something they don't mind at all if you ask them to explain, they will.

 

One step at a time, that's the way and whatever you feel, never let it show in situations like this X

[dmlferguson]

Thanks Guys

 

You've mad me feel far calmer (its been a stressful day). I know I've left it all really late but I'm still suffering with stress and I've not been sleeping. I'm more of a last minute type of person, so the stress isn't effecting me as much today because I know how important this is.

 

Does anyone have any comments for post #41???

[becky2585]

To be honest, most of the points are for the judge to decide, and the respondent, if legally represented, will take the lead so there's very little you'll need to know!

 

In terms of witnesses, unless you're planning on requesting a witness order to compel them to attend (which usually isn't advisable) there's really no need to mention them at all. The ET only needs to know who will be attending, not who might be!

 

Hearing length, well that depends on the number of witnesses - if you have none, it's up to them to decide, otherwise as a rule of thumb I'd add a day for every 2-3 witnesses.

 

The final point about fair and expeditious disposal is really irrelevant, it doesnt mean schedule of loss as that will be ordered as part of standard directions. It's just any suggestions to help proceedings, which again you won't be expected to know about.

[dmlferguson]

Thanks Beckie