Tweet
Hi folks, I've signed up here in order to try and get some advice and to help others where I can. I've tried looking in the other posts first to see if there are any similar cases to mine, however every case is different. I'd like to give you a background and any input would be greatly appreciated.
I was dismissed from employment in November 2015 for some other substantial reason after being absent from work for 10 months (Feb 2015) with work related stress, anxiety and depression. Appeal was unsuccesful, as was early concilliation. I submitted an ET3 and made claims for unfair dismissal and disability discrimination.
I received a letter from the respondent stating that my claim was misconceived and that if I dropped the case before a certain time they wouldn't pursue me for costs. The deadline for this has been and gone without a response from myself. Also around this time I was contacted by ACAS and told that the respondent would not consider re-instatement or making any offers, but if I wanted to approach them with a figure they would consider it. I responded by saying that re-instatement was key to any negotiations.
A preliminary hearing date was set (Feb 2016) and orders were set by the ET. My orders consisted of an impact statement, witness statement, upto date General Practitioners reports and a schedule of loss which had a total of a £59,500,00 remedy I had set out. I complied with all of the orders on their designated dates.
The respondent however, failed to comply with any orders set by the ET. Their first one was to indicate if they conceded disability. Their decision was late but they did infact say that in light of my GP records and impact statement they conceded disability in accordance with the equality act. Due to this decision being the first time I'd seen light at the end of the tunnel, I did not chase up the late arrival of their decision. Their second order was to provide a joint bundle. I'd already disclosed documents that I felt were relevant as I had a mountain of paperwork from a dismissal I'd received back in 2013 but got re-instated at appeal. This paperwork highlighted some serious discrepencies on my employers behalf and also shows that I've suffered hardships at their hands for a lengthy period of time in the past. Anyway, where was I? The bundle, this was late and in light of this I sent an email to the ET and the respondent pointing out that I hadn't received the bundle in accordance with the deadline set by the ET. The respondent emailed in response by brushing it off and saying I would receive it tomorrow (a day late). I left it at that. My point had been noted. The third order I felt was particularly devious. Witness statements. On the 3rd of May 2016 I received a letter from the respondent saying that they would like to request my agreement to exchange witness statements via mail on the 10th. I responded via email and copied in the ET that I was in agreement, I would be mailing them first class on the ninth and I expected them to do the same. I kept my end of the deal. The 10th of May came around and I was waiting for the statements to arrive, 4pm arrived and and I still hadn't received them. I wrote an email to the ET and the respondent highlighting that they had failed to meet every order and had lost faith that they hadn't amended their statements having received mine. I requested that the respondents witness statements be struck out. The respondent immediately replied with objections stating her "confirmation" that they had been sent on the 9th as agreed. When I received the documents on the 11th (franked the 10th) I got my postman to sign a piece of paper confirming the sent and delivery dates. I made the ET and the respondent aware that her "confirmation" the day previously was untrue. The ET responded some 12 days later stating that striking their witness statements would not be fair in the interest of justice!
I accepted the ETs decision, even if they had amended their statements having received mine, they didn't do a very good job. A few days later I got a call from ACAS, the respondent was offering £15,460,00 tax free to settle, the equivalent to Ill health retirement I would have received at the time of dismissal. I left it a week and responded by saying that in order for me to engage in negotiations, they must start with re-instatement. A couple of weeks later ACAS contacted me again and re-iterated that they were not prepared to consider re-instatement and had upped their offer to £20,000,00. I responded a week later by saying that in light of their refusal to consider re-instatement, £20k was inadequate and does not reflect the hardships I've suffered during and after my employment with them. They responded on the same day by saying that they were at a dead end. They weren't going to consider re-instatement and were no longer going to be making offers. Again, if I wanted to approach them with a figure, they would consider it. I didn't respond. It wasn't until a week later that I got a phonecall from ACAS stating that the respondent was offering £30,000,00 to settle. I haven't responded yet. The final date for the tribunal is exactly a month away, any input or advice on this would be greatly appreciated as they are still only offering half of what I'd outlined in my schedule of loss. Thanks in advance, TheClaimant.
I was dismissed from employment in November 2015 for some other substantial reason after being absent from work for 10 months (Feb 2015) with work related stress, anxiety and depression. Appeal was unsuccesful, as was early concilliation. I submitted an ET3 and made claims for unfair dismissal and disability discrimination.
I received a letter from the respondent stating that my claim was misconceived and that if I dropped the case before a certain time they wouldn't pursue me for costs. The deadline for this has been and gone without a response from myself. Also around this time I was contacted by ACAS and told that the respondent would not consider re-instatement or making any offers, but if I wanted to approach them with a figure they would consider it. I responded by saying that re-instatement was key to any negotiations.
A preliminary hearing date was set (Feb 2016) and orders were set by the ET. My orders consisted of an impact statement, witness statement, upto date General Practitioners reports and a schedule of loss which had a total of a £59,500,00 remedy I had set out. I complied with all of the orders on their designated dates.
The respondent however, failed to comply with any orders set by the ET. Their first one was to indicate if they conceded disability. Their decision was late but they did infact say that in light of my GP records and impact statement they conceded disability in accordance with the equality act. Due to this decision being the first time I'd seen light at the end of the tunnel, I did not chase up the late arrival of their decision. Their second order was to provide a joint bundle. I'd already disclosed documents that I felt were relevant as I had a mountain of paperwork from a dismissal I'd received back in 2013 but got re-instated at appeal. This paperwork highlighted some serious discrepencies on my employers behalf and also shows that I've suffered hardships at their hands for a lengthy period of time in the past. Anyway, where was I? The bundle, this was late and in light of this I sent an email to the ET and the respondent pointing out that I hadn't received the bundle in accordance with the deadline set by the ET. The respondent emailed in response by brushing it off and saying I would receive it tomorrow (a day late). I left it at that. My point had been noted. The third order I felt was particularly devious. Witness statements. On the 3rd of May 2016 I received a letter from the respondent saying that they would like to request my agreement to exchange witness statements via mail on the 10th. I responded via email and copied in the ET that I was in agreement, I would be mailing them first class on the ninth and I expected them to do the same. I kept my end of the deal. The 10th of May came around and I was waiting for the statements to arrive, 4pm arrived and and I still hadn't received them. I wrote an email to the ET and the respondent highlighting that they had failed to meet every order and had lost faith that they hadn't amended their statements having received mine. I requested that the respondents witness statements be struck out. The respondent immediately replied with objections stating her "confirmation" that they had been sent on the 9th as agreed. When I received the documents on the 11th (franked the 10th) I got my postman to sign a piece of paper confirming the sent and delivery dates. I made the ET and the respondent aware that her "confirmation" the day previously was untrue. The ET responded some 12 days later stating that striking their witness statements would not be fair in the interest of justice!
I accepted the ETs decision, even if they had amended their statements having received mine, they didn't do a very good job. A few days later I got a call from ACAS, the respondent was offering £15,460,00 tax free to settle, the equivalent to Ill health retirement I would have received at the time of dismissal. I left it a week and responded by saying that in order for me to engage in negotiations, they must start with re-instatement. A couple of weeks later ACAS contacted me again and re-iterated that they were not prepared to consider re-instatement and had upped their offer to £20,000,00. I responded a week later by saying that in light of their refusal to consider re-instatement, £20k was inadequate and does not reflect the hardships I've suffered during and after my employment with them. They responded on the same day by saying that they were at a dead end. They weren't going to consider re-instatement and were no longer going to be making offers. Again, if I wanted to approach them with a figure, they would consider it. I didn't respond. It wasn't until a week later that I got a phonecall from ACAS stating that the respondent was offering £30,000,00 to settle. I haven't responded yet. The final date for the tribunal is exactly a month away, any input or advice on this would be greatly appreciated as they are still only offering half of what I'd outlined in my schedule of loss. Thanks in advance, TheClaimant.
Comment