Employment Tribunal

[EmploymentTribunal]

Has anyone been through the employment tribunal process?

I’m going through it myself for various forms of disability discrimination and unfair dismissal (due to my disability-related sickness absence). I had around 17/18 days of sickness absences over the course of my 3 years at my previous job. Most of these were related to my disabilities, which my former employer were aware of. Thankfully, I can prove this.

They also repeatedly refused to implement reasonable adjustments, which would have avoided my dismissal. They asserted multiple times that I had to be treated the same as every other employee.

We are approaching disclosure and the final hearing is scheduled for mid 2025.
I refused judicial mediation, but my employer has informed me that they are eager to settle. I think this is because they care so much about their reputation. If how they treated me became public, it would be damning for them. They would lose clients and money etc.

I fully intend on proceeding to the final hearing in hope that they learn their lesson and won’t subject their other employees to the same treatment. It has been awful.

Any advice or words of support is much appreciated.

Thank you.

Even after I told them I was not interested in judicial mediation, they contacted me asking for me to reconsider.

I told them my position hasn’t changed, but I’m certainly feeling the pressure now

Judicial mediation is completely different to acas conciliation.

If you get a decent offer, settle. And bear in mind that offers can still come in on the day of the tribunal! That happens often. Because, being blunt:
(a) Lots of "excellent" cases don't win. It's still a bit of a lottery no matter how good you think your case is
(b) The amount by which employers care about their reputation and employment tribunals is vastly overrated.
(c) Having your day is court is also vastly overrated.

That said - never propose a figure. Settlements are a game of chicken, and you should not ever be the one to blink first. Let them do the running.

You should try to settle if you can. As many others have said, there are no guarantees in court and many good cases don't succeed. You are also not legally represented- ime lay people tend to vastly overestimate the likelihood of success and the potential compensation.

As many have said too, bringing an ET claim also will damage your reputation. Future employers will see you as being a "troublemaker" (which may be entirely unfair but unfortunately that is often the case).

If you can settle you should do so. ACAS have a binding process and can assist as an intermediary

If you do settle (which is preferable) make sure it includes an agreed reference - normally there would be a compromise agreement covering both parties.

However any employer who regards agreed/recommended disability adjustments to be unfair because all employees should be treated the same is a lousy employer for both disabled and non disabled staff. None of us know what will hit us in the future and if I saw my employer disregarding adjustments for fellow staff on those grounds I would be looking for a better employer for my own future insurance.

I am midway through my third tribunal against the same employers. I won disability discrimination and victimisation claims against them in the first two, and didn't settle for the same reason as you: I wanted them to change.

They did not change.

I won a load of money, but they did not change.

Which is why I have eventually left and am now in the midst of a constructive dismissal claim.

I have been represented on all 3 by a solicitor paid through my insurance company so it has cost me nothing. It CANNOT be done easily without a solicitor, but it is possible. What is virtually impossible is doing it without a barrister. I could manage all the solicitor paperwork stuff if I had to, but cross-examining alone, no way.

I have lost faith in the tribunal system creating any real change.

Thank you. My former employer only cares for their reputation (and money) more than I’ve ever seen in an employer.

My treatment being in the public sphere will be a big blow for them, simply because of what the company does. (Think care home discriminating their employees due to age or a specialist SEN school harassing their employees due to their disabilities etc.)

I haven’t got a solicitor per se, but I have had appointments with an experienced employment solicitor from ELIPS who told me that my case is “very strong”. This is because of the indisputable evidence that I have and the fact that the respondent is not able to justify my treatment.

Thank you!

There are certain points in the process when you can leverage a better settlement. Before bundle exchange, before witness statements are compiled and just before the hearing. Each of these represent a step change in cost for the employer due to the time it takes (both legal and in-house).

I completely understand why you want to make this public, and they probably will hate it, but it will still be a nine day wonder. They will have lines to trot out to explain “mistakes” or “misunderstandings” or a rogue employee. And talk about learning and improving processes. You have to live with it forever. A settlement agreement is almost always better for the claimant, IF the offer is reasonable.

Not a mental health charity employer by any chance ?

I'm not sure you'll get them to change by having your day in court. You still have to deal with the trauma once it is all over and there is no guarantee you will win. I'd take a settlement on your terms.

I feel for you, I was so badly bullied and discriminated against by my former employer I attempted suicide. I wish I had it in me to take them to tribunal but they broke me. Nearly 5 years on and I'm still struggling.

I'm hopping on for advice as I'm in a similar position. (Hope that’s okay!). I’m representing myself at ET after being quite horribly removed (I believe) for whistleblowing. I worked as a freelancer, but had an 8-year relationship with the companies (2 respondents), including 3 years of regular weekly hours.
After the Case Management Hearing (which I found extremely stressful), both respondents remain in the case and have now agreed to Judicial Mediation. R2 has explicitly mentioned being open to settlement. R1 needs to deliver the first bundle next week. I've paid for occasional legal advice, and was told to wait for them to make the first offer. I expected something after them expressing wanting to enter into JM and R2 said they would settle. But that was over 2 weeks ago and so far there has been nothing. They have sent my schedule of loss.

Is waiting this out a good strategy?

Should I contact ACAS to express willingness to settle? I liked the advice from from @user8762456 to tell ACAS I would settle for the figure in my schedule of loss - but is that in some way a sign of weakness?

What actually happens in JM?

I'm concerned about facing two legal teams alone. These are both pretty big companies.

I thought I should get advice imminently as @OvertiredandConfused mentioned the period before bundle exchange is good timing for settlement talks. R1 has been asked to deliver a bundle on March 14th. The hearing is set for 6 days in late October.

My advice lawyer is away and I have no idea what to do. I had expected a settlement offer sooner.

I'd greatly appreciate any guidance as I'd prefer to settle rather than proceed to a full hearing. It has been so stressful and so much work. I wouldn’t wish it on anyone. I also just want a bit of justice in the form of a settlement and then to move on with my life.

Very interested to hear your takes: @C8H10N4O2 @user8762456 @user243245346 @OvertiredandConfused and in fact anyone who has something to add:)

If it’s related to whistleblowing, have you been in touch with Protect, the whistleblowing charity? They have an advice line.

Oh thank you. I didn't know about them. I'll give them a call in the morning. To be honest, I do want this over with – but part of me feels like I should take it further - but not on my own, unless I have to,

Public sector employers always employ barristers and a final hearing can be tough and lengthy. To for a settlement of its satisfactory.

She refused judicial mediation which is something entirely different. It not "past" ACAS involvement at all.

This

OP did you get any advice on your schedule of loss and are you confident it is realistic?

You shouldn't underestimate how difficult the hearing may be. Is it listed for several days? I don't want to put you off, and it is admirable that you want to see justice served. But it can be very stressful and difficult.

If they make a serious offer you should give it proper consideration. Certainly do use ACAS during settlement negotiations, they can offer support with that right up to the hearing.

Thank you. Advice is noted. I can assure you I won’t be the first to blink. I’m fully prepared to take this all the way anyway.

We have been listed for DRA a few weeks before the final hearing, so I’ll see how that goes. I’ll keep you all posted.

Great post from @EmmaMaria. I would add to it that expecting employers to “learn their lesson” by being on a tribunal is generally misguided. They either largely already have (even if they won’t tell you). Or they continue to think their actions are fine and a tribunal finding is unlikely to change that.