Suspend appeal decision due to without prejudice discussions

[HARKER]

I was dismissed due to poor attendance and have been going through a lengthy appeal process. As the appeal process neared it's decision date I submitted an ET1 because I was running out of time. I am claiming unfair dismissal and disability discrimination due to failure to make reasonable adjustments.

 

I was invited to without prejudice discussions a few days before the decision was due and around about the same time my claim was accepted by the ET.

 

During these discussions, we explored options and it seems the most practical one is a CA (re-engagement was my #1 option but they seem reluctant to consider that). We agreed to meet again in a few days (now tomorrow) having both taken advice with regards to figures. In addition, I was asked to agree to suspend the appeal process (decision would have been due today) whilst without prejudice discussions continue.

 

I agreed and we pushed back the decision date 3 days which allows us to meet again. So to the meat of my question.

 

Should I have been asked to suspend the appeal process? Should I have agreed?

 

It seems to me that if they make their decision on the appeal they are somewhat committing either way and both options (upheld or otherwise) have ramifications. I can see why it's in their interest to postpone it. I was given the impress that if I refused to suspend the process then I'd also be bringing an end to the without prejudice discussions and the chance of a CA. This wasn't plainly stated but I think I was deliberately given this impression because they fear to make their decision.

 

Bear in mind that the 'without prejudice' discussion invitation came both just before the decision due date AND just as the ET3 was probably received. So either could be the trigger but I expect it's the ET3.

 

If the discussion draws out further and they ask for another extension, should I refuse? If I refuse, is it likely it will terminate WP/CA discussions or is that just a smokescreen?

 

I get the feeling if I force their hand on an appeal decision, they will just uphold, because that seems to carry the least ramifications. Yes, it would add the element of improper process to any claim but surely overturning the dismissal would admit liability.

 

Am I reading too much into something that is merely pragmatism? Would like some objective viewpoints.

 

Many thanks.

 

Bonus question:

 

What is the general advice around re-engagement? It's the box I ticked on my ET1 under 'what I want'. I know it's very rare for an ET to force a company to take an employee back. The organisation is huge and I am fairly capable so they can hardly claim there is no potential of posts IMO. Re-engagement is also intrinsic to my particular case, as I'd been asking for different duties for some time and highlight re-deployment as one of the #1 reasonable adjustments that should have been considered. Does that make any difference? Does their obvious reluctance to consider re-deployment (I am fairly confident they will say they considered it but it wasn't possible) weaken their position? Would a flat out refusal of re-engagement weaken it more?

 

Bonus bonus question:

 

Sorry My search terms have hit these forums a lot in the last few months and it seems like a knowledgeable and helpful community so I wanted to solicit some advice directly. Stream of consciousness here, forgive me.

 

Vento bands. I'm having trouble placing my case. They seem.... crude.

 

The final three months of my employment I was set attendance targets that were objectively unreasonable. This actually made me more ill. Failure to consider adjustments throughout the management of my illness prolonged difficulties. The last three months of this appeal has caused my considerable stress, my disorder is anxiety and depression based. Finally, when I was first diagnosed (several years back) my employer ignored the problem (they knew it was disability and it was causing my to have sickness) for a year or so until I had a total breakdown and was off work for 6 months.

 

So I don't know what band that will qualify for. It's hard to get perspective when you're so close to all this.

 

Sorry for the essay. I am grateful for any opinions or advice at all.

[Pusillanimous]

Harker, you have to treat your internal appeal and your ET claim as two completely separate processes. If you do not trust your employer, keep your main eye on your interests in the ET1.

[ericsbrother]

Vento bands are really aimed at non-employment discrimination where it is not possible to quantify an actual loss but the person has suffered humiliation. Basically getting paid for the severity of the insult or disservice. What has been intimated regarding the level of payout for a CA? How long have you worked for your employer? Did you send your employer a statutory questionnaire regarding your disability and their policies for the like? If you win at a tribunal the average payout is about £11k for this kind of case. Settling for 3 months pay plus notice pay and any residual holiday pay is normal. It does seem like your employer is dragging its heels because it is taking advice piecemeal and doesnt have a strategy for dealing with this. Dont accept any further delay as it wont make any difference to the position of either party but does give them time to continue to receive advice which may harden their position to your detriment with regard the CA.