Pregnancy & Racial discrimination - what should I ask for?

[GenvievePipi]

CMD was today. 2 days ago my solicitor's father died so she couldn't represent me until after the funeral. She works independently so no other solicitors could fill in.

 

I asked the tribumal judge for an adjournment but she told me to come in unrepresented or find someone else from my solicitor's firm. My solicitor works independently. There is no, "firm," per se. How unfair is that? The only reason the judge did not allow the adjournment was because the respondants had objected.

 

I contacted another solicitor who said she would step in (at 3 times the price of my original solicitor). But I didn't want to go it alone, so I was prepared to pay. I spoke with the other solicitor at length who offered to take the whole case on a no win, no fee contingency - or work something else out for me. I seemed happy with that.

 

Then yesterday the 2nd solicitor called me and said she had an emergency child care situation and couldn't represent me at the CMD. She advised that the best solution at this point was for her to instruct a barrister for me, but that it would probably cost me £800 plus VAT. At that point I considered representing myself. I had a Skype call with my original solicitor and she told me what to say at the CMD.

 

Not feeling totally confident, I contacted BarristersDirect and asked if they had any barristers who could represent me today - and if they could give me a deal. I got the barrister's clerk to knock a couple hundred off the price. I spoke with the barrister who to,d me to meet him 1 hour before my hearing. I felt a bit skeptical that he didn't want to see any of my paperwork before hand - as there are a lot of documents.

 

Shortly after I got off the phone with the Barrister, Solicitor 2 said that she found a trainee barrister who would work at a reduced rate. So I went with Barrister 2 and cancelled Barrister 1.

 

The CMD went very well, even though Barrister 2 was a trainee, she was excellent. I can't say enough positive things about her.

 

The judge has ordered the tribunal to start in mid December to last 7 days! Both the respondent and I are pushing For Judicial Mediation.

 

Now I need to figure out if I want to use solicitor 2 or solicitor 1. Will have a think over the weekend.

[Emmzzi]

how about solicitor 3 from a firm which can provide reliable cover?

[GenvievePipi]

It's definitely worth considering. I'm feeling a bit overwhelmed with having to start from scratch agai . Mwhp / what do you suggest?

[citizenB]

how about solicitor 3 from a firm which can provide reliable cover?

 

I think I would agree with this.

[Emmzzi]

Having slept on it, I would also not be paying 2, and asking for a fee reduction from 1 in view of the rework you are going to have to pay for.

[GenvievePipi]

Having slept on it, I would also not be paying 2, and asking for a fee reduction from 1 in view of the rework you are going to have to pay for.

 

Excuse my typos in my last post. I'm on my iPad.

 

Solicitor 1 has agreed to a substantial fee reduction should this go on to the trubunal. She feels terrible for the situation, however her father died suddenly. She also acknowledges that finding a replacement for her did not come cheaply for me. She has offered to handle my tribunal case on a flat fee basis, discounting her usual rate by 60%.

 

I have not paid solicitor 2. She and the trainee barrister have yet to bill me.

[Emmzzi]

"Feeling terrible" and "being effective" are very different things. Look after your cash wisely! As solicitor 2 did nothing with an outcome for you.... and arguably 1 should pay for the barrister.

[orfoster]

Hi,

Sorry I missed catching up on this posting for a while. God news that you've submitted your ET1 on time, do not believe that for a moment that HR are not and were not aware of your impending limitation deadline for issuing a claim, they are more than aware of the deadlines. Its something I deal with day in day out telling people to ensure they're legal rights are protected.

I would say although it can be hard work the ET often are very good for people who are representing themselves, I am very disappointed with the tribunal not allowing an adjournment to the CMD, this isn't common, they normally do allow it to be moved, after all it was quite extenuating circumstances.

Sorry to hear you are having problems with your solicitors, have you now sorted this out in going forward?

[GenvievePipi]

Thanks orfoster, I am back with solicitor 1. She has returned from the funeral and there have been no issues since then.

[GenvievePipi]

I got my grievance appeal results back this morning and it, not surprisingly, found in the company's favour.

 

The grievance appeal investigation brought to light that some of the points made in the original grievance investigations were "misrepresentations" or as I call them lies.

 

HR admitted to having very bad management, very bad communication and not providing me with the crucial training I needed - but they categorically denied that there was race discrimination involved whatsoever.

 

Despite them saying that there's been no race discrimination, they have decided to roll out diversity sensitivity training to all of management and HR starting next week. They have also decided to revise the equal opportunity policy - 2 things 7 things I directly stated I wanted in my ET1. If they're so sure there wasn't any race discrimination, then why bother with the training?

 

In light of the new information which came out as a result of my appeal, my solicitor suggests withdrawing the original ET1 and simultaneously submitting a new one with the new details.

My solicitor said that I should have waited until grievance procedure ended to file the ET1 but I did so because I did not want to be out of time.

 

The "last straw event" of my ET1 was that I was overlooked for a promotion. This happened in somewhere between end of March and Mid-may.

 

If I submit a new ET1 based on the grievance appeal results does this mean I am not out of time for the issue of the promotion?

 

Opinions, please?

[assisted blonde]

The diversity/sensitivity training would be for all employees and as it would appear that some things may be misconstrued in certain emplyees eye the company are covering this by the training, just because you asked for it dosnt mean that the company although doing it now accept that there was anything untoward in your case but I would suspect that when a person brings this up then most companies would carry out some training so that they can be seen to be acting correctly. it is very easy for employees to play the race card with or without any foundation and obviously the company feel that it is somthing that training may alleviate certain problems in the future.

[GenvievePipi]

I have been offered a settlement. The settlement requires a "mutually agreeable departure." I am on a salary of £50K.

 

Initially the settlement was for £9,500. I counter-offered with £65K. They in turn have offerend £17.5K. They say the £17.5K is their 'final offer not open to negotiations.'

 

A question for the solicitors: How often are these 'final' offers actually final?

 

Also, I am drafting a letter to HR to reject their offer and couter offer once again. Would someone here advise on this letter? Is there anything I should leave out or add in?

 

Dear HR,

 

I have declined the meeting you have set up with me to discuss this matter.

 

The settlement you have put forward is not finically viable for my situation. I, of course, would fare better, staying employed until my maternity leave then returning to the company one year later, whilst concurrently seeking justice in the employment tribunal. Additionally, my solicitor advises me that there is new litigation to be submitted to the Tribunal this week.

 

That being said, your initial offer of £9,500 net being increased by £8,000 - now up to £17,500 net - tells me that a reasonable settlement, agreeable to both of us, is highly possible. With that in mind I am decreasing my initial request (£62,937.61 net) by £20,999.99, now down to £41,937.62 net. In addition I am also asking for a satisfactory reference.

 

In the spirit of an amicable negotiation I sincerely hope that it is possible for you to reconsider your ‘final’ offer.

 

If this is not possible, then I suppose we will proceed ‘as normal.’

 

Kind regards,

Disgruntled Employee

 

Thanks,

GP

[Emmzzi]

let your solicitor write the letter!

[GenvievePipi]

OK, understood. But any tips other than that?

[becky2585]

It's hardly ever a final offer. But they've increased it that much that they may not go much higher.

 

You know them better than we do - do you think they'll go up?

 

And if you have a solicitor, let them deal with it, it has much more weight.

[papasmurf1cx]

OK, understood. But any tips other than that?

 

It actually depends on what stage your case is at.

 

 

Think of it like this, the more you make them work and create paperwork (and lawyer fees) they will be seeing more and more cost.

 

I would suggest that you say no to all offers until the case is well progressed. The most costs are when the case is just about to go to court / ET so when you force them to get to that stage they will make 'an economic' decision on whether it is cheaper to settle or cheaper to fight the case.

 

It sounds like they are on to a hiding to nothing if they are making offers. The longer you hold out the bigger the settlement... maybe!!

[GenvievePipi]

The status of my case... We went to CMD. I withdrew, due to stress. I am re-submitting this week and including victimisation in my claim. So essentially the legal process will start again.

[honeybee13]

The status of my case... We went to CMD. I withdrew, due to stress. I am re-submitting this week and including victimisation in my claim. So essentially the legal process will start again.

 

Hello again.

 

If I might state my view, asking this of people on a voluntary forum is a huge ask, as your case sounds to be at a critical point.

 

Can you tell us what your lawyer thinks please?

 

My best, HB

[GenvievePipi]

My solicitor thinks that I am likely to get a few thousand more pounds and that I should be happy with £20K. I would not be happy with £20K if it means that I am giving up a £50K job.

 

Should the case go forward. My solicitor has put together a schedule of loss for £20K.

[Emmzzi]

So you'll take reinstatement if it is offered?

 

ETa sorry, was confused by what you were saying.

 

I'd expect a max of 6 months salary in a compromise agreement - remember first 30k tax free - so I think you are being unrealstic in your ask. This is just my opinion, but I think your solicitor is steering you the right way.

 

but do not withdraw the ET until it is all signed off.

Edited November 4, 2012 by Emmzzi

[GenvievePipi]

I am currently employed.

 

I submitted an ET1 and had case management. I withdrew due to stress. Respondent applied to get my case dismissed under 25(4) but this was not allowed, (I think). "Case was dismissed upon withdrawal." So my solicitor and I are submitting a new ET1 with new details this week.

 

Last week my company offered me a settlement of £9.5K (net) and if I agreed it would be a part of compromise agreement and I would leave the company.

 

To further complicate the issue, I told HR about my intentions of going on maternity leave next year. And that I couldn't possibly contemplate leaving the company if it meant giving up my enhanced maternity pay. My enhanced maternity pay comes to £15K during my maternity leave. So a few days later they upped their offer to £17.K (net).

 

Even though they are being *******s to me at work... from a financial standpoint I would rather stay another 7 or so months and rack 7-months salary, then go on maternity leave and get my £15K, then come back 1 year later and go back on my £50K salary. I would rather do that then settle for £17.5K or even £20K

Edited November 5, 2012 by GenvievePipi

[Emmzzi]

Then you had best not take a compromise agreement.

 

does your contract allow you to take other work? Have you got written permission? are you in competition with your employer?

[GenvievePipi]

I'd rather look busy than have no work.

Edited November 5, 2012 by GenvievePipi

[assisted blonde]

Are you doing the freelance work in your current employers time?

[Emmzzi]

I personally would not be risking my position by gross misconduct ie theft of time. Whether they use the time or not is their decision; you cannot sell your time twice however.

 

Really. I'd stop it. You pretty much lost your moral high ground there.