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Solicitor waiting


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My works solicitor has offered 500 to settle case yeh right! i have asked for 20k! haha

 

anyway hes not budging .......

 

tribunal is in one weeks time can they wait until the last day to settle? surely the court will blast them for the amount of work they put in just for there solicitor to "wait" knowing fine well they wanted to settle.

 

Can they wait until the last day?

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Whether you accept any offer or not depends on the strength of your case. Last minute and even mid-hearing settlements are not uncommon and the Tribunal will not bat an eyelid nor criticise any party over it.

 

A solicitor will never settle for what you want unless they know they have no chance whatsoever of defending.

 

You say you have asked for £20k - how strong is your position? How realistic is that amount for the case that you have? What evidence have you got? What are your witness statements like? How confident are you about cross examining the Respondent?

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Yes but what if they offer and its like half way threw the case and im winning so refuse any settlement .......... and they then offer like 500 pound more than judge would . So then i end up not only losing compo but also i am responsible for their cost.. wat da hell for real?

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And the other thing i perhaps should mention .

 

So they would rather pay for lawyer fees for going to tribunal rather than settle before? I take it any settlement during a tribunal is just because they realize there going to lose ie the tone of the judge , sounds a bit desperate.

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Once again you need to look at the strength of your case. Even if you were to proceed to a full hearing and lose the case, a costs award would be very unlikely providing that your case had some merit, you have kept to the case management order deadlines and have not acted vexatiously in taking the case to Tribunal. It is a risk that you have to take when going to a Tribunal that the Respondent may offer you an amount which is unacceptable, you proceed to a hearing, win the case but actually get awarded less than the offer made prior to the hearing. It is always going to be a judgement call hence why you need to research what you would be likely to be awarded (which never amounts to what you have claimed!) if successful, together with the likelihood of you actually being successful.

 

If you win your case, or if you reach a settlement, you will not have to bear the other side's costs. Only if you lose may they make an application for costs, or if you were to withdraw the action and they felt that you had brought the case unreasonably and caused them costs unnecessarily.

 

The solicitor acting for the employer may be on a fixed fee, although they may also bring in a Barrister for the hearing itself depending on how much legal argument and skill at cross examination they feel might be needed.

 

The last time I had to pay for a solicitor's time it was well north of £100 per hour, and a barrister may well charge an amount running into several thousands per day.

 

Care to tell us an outline of the case and why you think that you have a strong claim to put before the ET Judge?

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No you may not rephrase. Emmzzi made a valid point, and I would have to agree that if you present the case in the way that you are putting across here, then you will be on the back foot from the start.

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Good luck with it.

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