CMD what to write or say??

[steampowered]

Presumably they were waiting to discuss the costs schedule at the mediation.

[Mariachida]

A fair question to be asked is "why didn't you withdraw when you moved country, if you knew it would be difficult to attend court."

a fair question...only for you

 

I really thought that it was an unfair dismissal and as a French i thought I have a case etc...in France it is quite different..my mistake, it is not so complicated and far less expensive ( legal costs)

employees are better protected, UK it is the opposite companies are "protected"

[Mariachida]

Hello

 

I finally received the counter schedule ( i am unemployed since a year so 12 months salary nothing for injury of feelings etc), they are proposing nothing ....

They are saying that if I win, this is the amount they think I might get. Their Expectation is thatI will be commercially sensible, which means that I will negotiate knowing that I may not win at all...it is a big company in UK...so they can be arrogant...

 

they wanted me to attend the mediation by phone...I decline it as I am working

 

will see what will happen...lost battle maybe

[Emmzzi]

a fair question...only for you

 

*shrugs* I thought you wanted opinions and to prepare - I'm happy to keep them to myself though!

[steampowered]

I think you should try and attend the phone mediation unless you have a really good excuse not to. Try and suggest an alternative time if you can.

 

This is all about positioning. You need to appear reasonable. If you do not attend any mediation and you go on to lose the case, the other side will use this as a reason for saying you are unreasonable therefore they should be awarded costs. If you don't attend either mediation I think you should write a letter making a reasonable settlement offer. It doesn't really matter what the offer is but I think you need something to show that you are prepared to negotiate.

 

I really thought that it was an unfair dismissal and as a French i thought I have a case etc...in France it is quite different..my mistake, it is not so complicated and far less expensive ( legal costs)

employees are better protected, UK it is the opposite companies are "protected"

 

I'm not sure this is correct. If you sued a French company I doubt they would just roll over and pay you the money either. Once you start a court claim or a Tribunal case you have to be prepared to see it through to the end if you want to get a good result.

 

I have done a quick google search and it seems that the average length of a case in the French Employment Tribunal system is around 14 months.

[Mariachida]

thank you

i just started to work, i would need to take two days off to be at the tribunal on friday. I am in France not in UK, and would need someone for my daughter...

plus to prepare the mediation..with so much documents etc... it is too much for me... too much stress

 

now the risk is that the company asks me for legal costs...wouahhaah this is so different here

i will see with my solicitor tomorrow> I am still waiting for their counter schedule...sthey have told us they will send it...last Thursday...

 

it is a big company in uk ..it is was crazy to fight them

 

thank you

 

regards

 

 

news of the day

the tribunal has accepted to postponned the mediation

the company refused unless the hearing in february is aslo posponned.

meanwhile the company has contacted ACAS and proposed 5000 pounds as settlement

 

that will cover the legal costs i already spent

I will ask at least six months salary and in the schedule of loss i asked a year plus injury of feelings....the answer of the company was that i will obtain a max of 12 months plus some money around 30000pounds

 

so I might ask 20 and accept 15

will see

[Emmzzi]

yesterday you were bricking it in case you had legal costs

 

today you are going to refuse 5k and hold out for 15k?

 

Yeah. Not taking you seriously I am afraid.

[steampowered]

There are a few things you need to take into account:

• Unless there are exceptional circumstances, 12 months is an excessive length of time to claim lost wages. The normal maximum is 3-6 months. You would be expected to show that you were taking active steps to find another job during that time.
  
• If you found another job, you can generally only claim loss of wages until you started the new job.
  
• If you won in Tribunal, any income support or Job Seekers' Allowance you received would usually be deducted from the compensatory element of the unfair dismissal award.
  
• You need to appreciate that there is no a 100% guarantee that you will be successful, and should take into account your realistic chances of success when proposing an amount.
  

[smokejumper]

I expect the £5000 they offered is what they estimate their outlay would be in preparing the case . It seems to be a common practise, does not mean that they are folding or that you are certain to win.

 

If you are having trouble dealing with the case now, then don't forget the stress gets worse.