employment tribunal october. shall I hire a solicitor ***SETTLED OUT OF COURT***

[stuckinarut11]

I have and I'm proud of myself, although it was all your advice and in the nicest way your bluntness Emmzzi that made me realise I need to sort this asap. and Dj stating his experience and my options aswell as others who advised

 

I feel more confident now that the claim has been assessed by two solicitors and both agreed to accept it on a no win no fee basics. We have five weeks until this goes to tribunal so next week is the week to wrap everything up and finalise it.

[SweetLorraine]

Heartening to read your update stuckintherut11,

 

I date say you will be sleeping a lot easier now as well. Looks like the flow is going your way. Do let us know when the victory comes.

[Grotesque]

Sounds like positive progress! Well done.

[dj1971]

Stuckinarut,

 

Sorry the direct access scheme did not work out for you, but it is always something worth looking into. I know not relevant for your case, but just to make others aware the direct access barrister does not have to be from your area. In fact you can instruct a barrister from anywhere in the country as long as they are direct access trained, although additional travel and expenses would increase your costs.

 

Well done for meeting with the solicitors and negotiating a lower rate of fees, am so proud of you for that and not sure I would have even thought to negotiate. Sounds like you are making huge steps forward in the progression of your case and you must be feeling much relief to now have legal representation.

 

The solicitor is correct that listing ten witnesses is nothing more than an intimidation tactic. It always makes me chuckle to see the lengths big corporations will go to try intimidating people out of taking them to court. My former employer tried all sorts including listing many witnesses, who by the time we were preparing for the full merits hearing and exchanging statements more than 50% were no longer willing to be a witness.

 

Do keep us updated with your progress and as always if you have any questions do not hesitate to ask, there is always someone who will know the answer, or will know how to find the right answer.

 

Stay strong

DJ

[stuckinarut11]

Thanks all

 

Quick update, email was sent from my solicitor today to the responadant and tribunal informing them of me instucting them to act.

 

Within 2 hours I had phonecall off company, save yourself money we are prepared to settle for £ xxxx

I declined and told them liase with my solicitor.

 

At 4.30 this afternoon they have send an email to solicitor double the amount I was offered hours earlier.

 

My solicitor has advised to decline and proceed to tribunal although im thinking of accepting.

 

General opinions please guys

[Emmzzi]

the trade off at this point is usually cash vs stress

 

how many months wages did they offer and how stressful are you finding things?

[stuckinarut11]

Second offer was 8000. Solicitor reffered to ventos bands and stated offer is miniumium in middle bracket and hes preapred to present a case in higher bracket of ventos.

 

He didnt explain very well, all I know is he doesnt want me to accept

[Emmzzi]

I'd be inclined to listen to him - if you lose he doesn't get paid, so..... in his interests to get the best deal he thinks likely

[dj1971]

Hi Stuckinarut,

 

Ultimately it is only you who can make this decision. If you are happy to accept what they have offered then go for it and I would suggest you add a favourable reference to the settlement agreement.

 

Your solicitor does have an invested interest in pushing for an increase to their offer, as the more you get the ore they earn. On the other hand this is a very nice confirmation of the solicitors confidence in the merits of your case and the amount s/he can get for you. If you had a poor case the solicitor would be telling you to settle and they collect their 20%.

 

Personally, I think your former employer are really shi**ing themselves now that you have instructed a solicitor because they know s/he will have them for breakfast in the court room. You have nothing to lose by rejecting their new offer and waiting to see how much they are willing to pay. They will have to consider the cost of a solicitor and a barrister for I think you said a 3 day hearing and if as it seems they believe they will lose, I think you will see their offer increase substantially by the scheduled date for the full merits hearing.

 

But as I said it is only you who can make the decision about whether or not to consider their current offer and there is absolutely no shame in accepting their offer in order to save yourself the stress and hassle of preparing for a full merits hearing.

 

Go with your gut.

 

DJ

[stuckinarut11]

My gut is telling me to push them once more and see what there reaction is.

 

But dont want to be seen as playing games.

 

I have said since I put the claim in that id settle for 10, 000.

 

My head is telling me play them at there own game push it out as long as I can and save myself the stress of a 3 day hearing.

 

I think my solicitor knows theres more to be had as this was discussed with him last week and he was expecting an offer this week.

 

I will decline the offer and await there responce.

 

Many thanks all

 

Will keep you updated

[dj1971]

This is so not about playing games and your employer will know that with you having taken this case this far and now instructed a solicitor.

 

Go with your gut. I was originally offered £1,000 and kept rejecting their offers until they made one I was happy with. Your ex employer was only too happy to play games and attempt to bully and intimidate you in an attempt to force you to withdraw your case. If I remember correctly they even told the ACAS adviser to butt out? Not so co*k sure of themselves now.

 

At the end of the day whatever amount you do settle for will be no more than you deserve for all the hassle, stress and cr*p they put you through and money is the only language these big corporations understand. Hit them hard and hopefully they will pay attention and think twice before subjecting someone else to their bully boy tactics.

 

Stay strong.

 

DJ

[Grotesque]

Yep wot DJ sez. If they've gone from 4K- 8K isn't there a pretty good chance they'll hit at least ten? Perhaps your Solicitor could even whisper it to them...?

[stuckinarut11]

Offer was declined this morning. No further offers have been made this was first thing this morning.

 

A few hours ago I had a phonecall from a work collegue. A very senior member of this national company has today travelled from head office to site unannounced and has interviewed all staff on shift with this initial question to all " thanks for your time, im ......... the company's ...... director. As you are aware there has been an ongoing issue with ..... for some time, can you tell me what you know and inform me of any incidents you have witnessed.

 

They were also all asked at end how comfortable do you feel with the managment team. A few have raised issues.

 

also this evening a new manager has been brought to site although we dont know why as of yet.

 

Seems to me as if they got spooked staff have been honest. Mainly supporting my complaints.

 

Lets see what tomorrow brings

[Pusillanimous]

£8K is standard "commercial settlement". It depends on if you need the closure of a verdict, as the tribunal award is likely to be not much more (unless there is loss of earnings involved). Sometimes best take the money and run.

[stuckinarut11]

Thank you everybody for all your advice.

 

This has today been settled for 12, 500. Also been paid via chaps today so money been received.

 

Contacted solicitor to make payment and he said im only going to take £100 as we had two consultations and ive sent one letter confirming representation.

 

This has been an experience I do not wish to encounter again. Sadly there is a confidentiality element of my settlement so cant reveal specifics of case.

 

Advice to anyone. Stand up for your rights and get these companies to accepet responsibility for there actions

[Grotesque]

 

This has today been settled for 12, 500. Also been paid via chaps today so money been received.

 

 

Told ya he'd get more than 8k Well done though!!!

[Sidewinder]

Congratulations! Persistence pays and well done for holding out. This looks like a good result and I have amended the title of your thread to reflect that it has been settled

[honeybee13]

Well done, I think you judged that well. I hope you might stay around to help other caggers based on your experience.

 

My best, HB

[smokejumper]

What a fantastic solicitor, he did good and wasn't greedy.

Thank you everybody for all your advice.

 

This has today been settled for 12, 500. Also been paid via chaps today so money been received.

 

Contacted solicitor to make payment and he said im only going to take £100 as we had two consultations and ive sent one letter confirming representation.

 

This has been an experience I do not wish to encounter again. Sadly there is a confidentiality element of my settlement so cant reveal specifics of case.

 

Advice to anyone. Stand up for your rights and get these companies to accepet responsibility for there actions

[Pusillanimous]

Any clues as to who your solicitors were?

[suziebear67]

congratulations

[honeybee13]

Any clues as to who your solicitors were?

 

Very sorry Pusillanimous, it's against site rules to recommend lawyers, please don't ask.

 

HB

[stuckinarut11]

Thank you all. As far as im prepered to go the solicitors were a well established local firm.

 

The cot3 was agreed between parties and I did not disclose this to you all but the settlement was made with me remaining in employment.

 

It was an offer put by company, and solicitor advised to accept it and consider it based on current climate.

 

Since then its come to my attention that the general manager of site and regional manager have both been suspended. They have an acting manager now who was brough in last week who has today contacted me proposing to meet this week to discuss and accommodate my return. I have been assured discreetly that the old manager will not be returning ( just sums up the company)

 

I am undecided although want to hold my head up high to all my collegaues and show them I was inncocent all along.

 

I have nothing to lose attending the meeting so have agreed. I am currently composing a list of points and questions to raise and wish for some experienced answers on what should be asked and discussed In this return to work meeting.

 

If I do return it will not be permanent just until I have secured alternative employment.

[Grotesque]

Strategy.

[stuckinarut11]

What strategy. I dont think this will be as easy as it seems. Not made a firm decision as of yet but nothing to lose attending the meeting and meeting new manager.

 

Its not like the head office team will change and they were behind the old manager until I disclosed my evidence and instructed legal team