PENDING EMPLOYMENT TRIBUNAL - THEY SEEM TO WANT TO SETTLE & ARE REQUESTING A FIGURE

[beckyg71]

I have an employment ribunal pending although the date has not been set yet but will be in May or June. I am claiming constructive dismissal and sex discrimination for events and actions during my maternity leave. I didn't go back as a result.

I have had a call from ACAS today which has left me slightly bewildered. The respondents want to know if I am working again yet and a figure I have in mind if they decide they want to settle but even if I give them a figure they are not saying that they are going to make me a settlement offer!

I have got to get back to ACAS with a figure asap but I have no idea how much I should go in at. Since my original grievance they wrote to me about a different complaint and actually put in writing that my role had been made redundant which is something they neglexted to mention during the entire grievance process. So should I be claiming redundancy in addition to lost earnings or just for loss of earnings since I left (I'm still looking for another job)?? Can I take into account the fact that I used all my savings during the last 3 months of my maternity leave as technically I was still employed by them at that time and was hoping it would be sorted out. Also what price do you put on having the first year of your first child's life totally overtaken and spoilt by their dishonesty and deceit - it's something I can never get back and I can't put a price on that.

If anyone works in HR and knows what sort of figure they will be expecting to have to pay out please help!!

[morningpaper]

I would guess it would all depend on salary etc.

FWIW (probably nothing) I have a chum involved a case that was settled out of court for 3 months' earnings

[beckyg71]

Perhaps should have mentioned that I started maternity leave in November 2007 and problems started from March 2008 which resulted in alot of time attending meetings, writing in, speaking to solicitors, eventual grievances & subsequent appeal meetings etc etc etc so this has taken over my life for 12 months now!

[rubyslippers]

IIRC, there is no cap on sex discrimination payout?

do you have a solicitor as well as ACAS?

[flowerybeanbag]

It's impossible to say a figure they will be expecting to have to pay as we have no knowledge of how good a case you have for each claim.

Compensation for unfair or constructive dismissal is only based on financial loss that has resulted from the dismissal, there is not an element of compensation for the employer's bad behaviour, so any period of unemployment obviously would be taken into account, and an opinion would be formed about how long it would take the person to find alternative work.

Compensation for sex discrimination claims isn't purely based on financial loss, s that's a bit more complicated.

I can't see that your decision to spend your savings on something during your maternity leave is relevant tbh - you haven't lost that money because you were dismissed, you had already spent it by that time.

Obviously when settling a claim before a tribunal, you would get less than you might get in the event of a successful claim, but it means you do definitely get some money and can move on.

Do you not have a solicitor helping you? Or anyone?

[beckyg71]

No I just can't afford a solicitor as I'm not working! I've been ok dealing with it myself up to now and I've looked at no win no fee but they seem to charge an astronomical amount if the claim is sucessful which I am convinced it will be.

Should have mentioned - the point relating to the savings is because I originally wanted to go back after 6 months but they didn't get back to me in time, and then it was going to be after 8 months but this didn't happen either because we were still in dispute over what job I was returning to because they refused to allow me to return to my old job because basically they had given it to the girl covering my maternity leave (but demoted the job to a lower level so she hadn't taken my role!) in the Feb as she spoke to them saying she was looking to move to a permanent job elsewhere and they were afraid of losing her and being left with no-one until May when they knew I wanted to come back. So in essence I had to live off my savings for the last few months as they left me no option but I appreciate that I may be unable to claim this back.

So I can calculate loss of earnings but still don't know if I should be asking them for redundancy payment as that is what essentially happened here but instead of being honest about it they just tried to bamboozle me! But how do I put a figure on hurt feelings, stress etc. And do I have to go back to ACAS with a figure. I asked the chap today if they could come to me with a figure but although they don't advise he seemed to be suggesting I should come up with a figure??? But if they are also saying it doesn't mean they will make an offer to settle, why do they want to know at all?

[ABetaDad]

Why should you make an offer?

I suggest:

Go back to ACAS and tell them that as you are not represented it is very difficult for you to come up with a properly calculated figure.

Ask ACAS for the other side to get their lawyers to provide a figure with the reasons for the figure they are offering so that you can discuss their offer with ACAS.

Remember anything you say is very likely to come out in The Tribunal hearing if you get that far so be careful.

I am not a lawyer.

[beckyg71]

Thanks for your advice. I think it's what I want to do and seems the best option for me. I just can't put a price on feelings - I wouldn't know where to start. I think I will bat it back to them and see what happens.

Thanks to everyone for their advice/comments - it is much appreciated.

[Sam100]

Just did a google on "compensation for sex discrimination". Is this any help here

Or this here.

There seem to be quite a few sites giving guidance - sorry not to be of more help.

[Sam100]

If you are still about becky there are some example calculations on the EOC site showing a similar scenario to yours with sex discrimination following maternity and keeping the replacement on - see Appendix B here

[beckyg71]

Sam

Thanks for your messages - only just picked them up. Had a quick look at that site and it seems very interesting and informative - think it is exactly what I have been looking fot - will look in more detail tomorrow. Thanks ever so much for the info and your time in replying.

[abcmum]

I won my case for unfair dismissal and SD - made redundant while on Mat leave. Email if you want any more info - gotta rush as my little man is shouting at me. I will help where I can. It was and still is the most stressful 18 months of my life as although I won in July last year - it is still not resolved (appeal issues) so I have still not received award - £22500. With hindsight, I still would not have settled as the fight was a matter of principle rather than money -however a settlement would have meant putting this all behind me 9 months ago. My company made it easy for me though - their offer was meagre....

I am waiting for a decision from the EAT which I should have had 2 weeks ago - so yet more waiting and its killing me! But when the decision comes, hopefully no appeal and I will finally receive my award and move on with my life.

[email protected]

Good Luck - I understand the stress - I am considering writing about my journey - it's been epic so far!!

[notsoclever]

Just to say, I would avoid no-win, no-fee lawyer. My friend used one, and he put in a very high bid of £40K (just as a starting point). The company offered £2K.

The lawyer didn't even read the case notes until the night before the ET, and then my friend ended up settling anyway for just over £3K.

[southernsoftie]

Award of compensation will fall into 3 categories, a basic award (your weekly salary capped at £330 x the number of full years you have worked for the company), a compensatory award (you actual losses incurred since the date of resignation) and an award for hurt feelings (no real calculation for this as it depends on how bad the treatment you receive was).

What about working out how much you have actually lost in financial terms as a starting point? You can write down how much you would have earned if you had been able to go back to work after six months, plus any other loss of earnings from the date of your resignation (ie what you would have earned if you had stayed with the company) and any other expenses you have had. If you have had any work since leaving the company you need to give credit for that, but if you are now earning less than you were before you can claim an ongoing loss. If you are not yet in work you need to estimate how long it will take you to find another job or if you are earning but less than before you need to be able to say how long it will take you to get back to where you were.

You can also claim for pension loss (ask the employer to calculate this) and for loss of job security (usually one or two weeks' pay).

So:

1. basic award £x per week x years worked
2. compensatory award - all actual losses to date and to a reasonable date in the future (usually 6 months to a year, but could be more if you work in an area where it will be particularly hard to find another job)
3. injury to feelings award - don't put a figure on this but tell them how it has affected you and get them to suggest a figure.

Sorry this is so long - hope it is of some help though.