settlements out of court

milesy · Post by **milesy** » 27 Sep 2010, 20:31

hi everyone im in the middle of an employment tribunal with the royal fail and ive just had a offer to settle out of court. does anyone know if this happens regulary?

exup13 · Post by **exup13** » 27 Sep 2010, 20:35

Thats because they are scared, i say take em to the cleaners!!

DGP1 · Post by **DGP1** » 27 Sep 2010, 20:39

Depends on what you're being offered, if it's enough then take it but if you don't think that it's enough then carry on with the case. Remember that you could always lose if you go so you have to keep that in mind.

Post by **REDLETTER** » 27 Sep 2010, 20:44

milesy wrote:hi everyone im in the middle of an employment tribunal with the royal fail and ive just had a offer to settle out of court. does anyone know if this happens regulary?

What ever they offer, say double it and I'll consider it!

Did you make your DOM squirm as a witness?

I did with an old boss of mine, he wasn't too happy about it being under oath and the public and press could be seated there watching!
(Was a few years ago so it might have changed!

) still good fun

Post by **Judgee** » 27 Sep 2010, 20:51

They only make an offer if there is a possibilty that they will lose or if they think financially you may be under pressure to settle quickly. That doesn't mean they will lose though and if it goes against you, you will be a lot worse off probably. I'd push to see if you can get a bit more put on the table if you can hold out financially a bit longer, and then decide if it's worth risking turning it down

Body Beyond Repair · Post by **Body Beyond Repair** » 27 Sep 2010, 21:12

milesy wrote:hi everyone im in the middle of an employment tribunal with the royal fail and ive just had a offer to settle out of court. does anyone know if this happens regulary?

It does happen i know for certain ,don't know if its a regular thing though.

Post by **TeeferTiger** » 27 Sep 2010, 22:18

I'd go with whatever your solicitor advises...

brothermagrew · Post by **brothermagrew** » 28 Sep 2010, 07:32

Ask them to bung another zero on the offered figure before you will give it due consideration.

milesy · Post by **milesy** » 28 Sep 2010, 10:16

cheers guys i haven't actually been to the tribunal yet im at the hearing on tuesday but acas came to me with a derisory offer yesterday. ive told them in not accepting and i will be happy with half of the figure i gave them.

brasseye · Post by **brasseye** » 28 Sep 2010, 10:26

Good Luck Milesy, hope you get what you are after.

Exrep · Post by **Exrep** » 28 Sep 2010, 12:10

Dont put money before your dignity,integrity and self respect they have offered you an out of court settlement as they know in front of a judge they have lost.

Fight your cause matey and stand up for yourself and tell them they can shove there out of court settlemet.

Good luck and keep us informed.

Post by **REDLETTER** » 28 Sep 2010, 20:27

milesy wrote:cheers guys i haven't actually been to the tribunal yet im at the hearing on tuesday but acas came to me with a derisory offer yesterday. ive told them in not accepting and i will be happy with half of the figure i gave them.

DO NOT TRUST ACAS - They try and twist things and feed info to the other side even though they are supposed to be independant.

And make sure your solicitor isn't one of those no win no fee types, if they win the case and it is a low amount of compensation, they will not be interested in an appeal as they know they will get their money from the original hearing/award!

Good Luck!

Spedley · Post by **Spedley** » 28 Sep 2010, 20:44

Unless there are problems that need to be fixed (e.g. you were bullied and other staff members are still being bullied) then I'd take the money.

Martin Walsh · Post by **Martin Walsh** » 28 Sep 2010, 20:59

Offers outside a tribunal normally fall into two catogaries the first is what is called nuisance value. This is normally to offer you a few hundred pounds so that Royal Mail do not have to shed out in solictors fees and barristers fees and taking managers out on work etc for the day. This offer has nothing to do with the merits of the case just a cost saver for Royal Mail.

The second is if Royal Mail in preparing the bundles and in exchanging witness statements and other details from both sides believe they then do not have a reasonable chance of success and may lose the tribunal, this offer is normally a bigger offer than the first one, but remember a tribunal may find that you have still be unfairly dismissed but have contributed to your dimissal by a set percentage say 30% then any comphensation that you would have been due would be reduced by 30%.

You need to decide whether the offer was based on nuisance value or indeed based on a bigger reason.

Good luck

Post by **REDLETTER** » 30 Sep 2010, 21:22

Following on from what Dingo has said.

A reduction in compensation is made if you have found work right after!

This happened to me and my employers side (I won't call the solicitors

) were trying to use this as a beating stick! (Thanks ACAS!

)

Calling up my new employers etc (w*ankers) How do you think my new employers took that!!!! I was straight in the office!

Though they got all the info wrong

Just because the are called "Professionals" don't mean they are any good, more like Bodie and Doyle

ROYALMAILCHAT

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