Negotiating redudancy - again!

[Eliza70]

Hi, I am being made redundant. Have been through the whole process including an unsuccessful appeal. I have now written to work asking for an enhanced redundancy payment in order that I take no further action (which I could do, lots of grey areas over making me redundant)

I wrote to work yesterday (hand delivered) and they emailed me today asking me to go to a meeting today or this week to discuss. Neither date/time suited so I emailed them back and asked for them to make me a proposal in writing to be used as the basis of a discussion.

I have a solicitor advising me but don't think she's very good. Any advice or suggestions on how to proceed. I have a bottom line figure in mind.

Will be soooo glad when this is over, it is VERY stressful!!

The trouble is that regardless of 'grey areas' there's no incentive for your employer to offer you money unless they think a) there's a realistic prospect of you actually going ahead and bringing legal action and b) the action having a reasonable chance of success. By asking them twice to offer you some money and make you a proposal, you are giving a very strong impression that you really don't want to bring any legal action and are just hoping for some money.

I would always advise people hoping to be paid off to proceed as if they fully intend to take legal action - this is far more likely to elicit a decent offer than just asking for money.

Was the initial letter at least from the solicitor? In it did you/she explicitly say what action you could/would take?

Yes to (a) and (b)

I have only asked once, in this letter, for more money. I have not discussed it before (although they did bring it up a couple of times).

It sounds like twice from your post. It sounds like you wrote asking for money, then when you got a response that didn't involve them offering you money, you emailed again saying you wouldn't meet with them until they'd made you an offer.

You may know that (a) is the case but you are giving the impression that you have no intention or little intention of taking things further, which will dramatic reduce the amount you may get offered.

Has your solicitor written to them setting out exactly what claims you intend to make, including brief outline of the evidence and what legislation they have breached?

No, I said I couldn't meet with them (the times they suggested didn't suit) not that I would not meet with them.

Do you think I'm giving the impression I won't take things further? It's most certainly not the case. I am totally prepared to take it further.

Anyway, thanks for the advice.

Yes I absolutely think it's highly likely you are giving that impression. I expect they are saying to each other 'don't worry, if she thought she had a decent case to bring she would be bringing it.'

It doesn't matter whether you said wouldn't or couldn't, the impression you are giving is that you are not prepared to meet with them unless and until they've offered you something, meaning you've effectively asked for money twice in two days.

Broadly speaking these things usually go three ways. Employees who know they have a really good case and plan to go to tribunal do exactly that. They complete the appeal process then immediately issue an ET1 claim form.

Employees who feel they have a decent case but for whatever reason (stress, cost, risk of failure) would really rather not bring it unless absolutely necessary get a solicitor to write on their behalf setting out exactly what claim they have, possibly setting out the amount of compensation they would expect to get at a tribunal, fully costed, and saying that in the absence of a favourable response by x date a claim will be filed.

And there's the third set of employees, who feel aggrieved at their treatment, don't think they have a good or worthwhile case, but think it's worth chucking in a stroppy letter in the hope that they'll have some 'stop hassling us' cash shoved at them. Employers really don't like people who do that and are not particularly worried about them.

I expect they are viewing you in the third category and you can imagine which of the three categories is most likely to get a decent offer to settle.

If you are genuine about wanting to take them to a tribunal you need to put yourself back in one of the first two groups. I'm assuming as you haven't said yes, that you haven't yet got your solicitor to write formally as I've described, and have instead written yourself. I would suggest you either get your solicitor to write along those lines, or bypass that and issue an ET1 claim form. By doing either of those things you are more likely to get yourself taken seriously.

Thanks.

Sorry posting issues. Posted too soon.

I think you are making a few assumptions, my letter was in no way stroppy. It was precise and carefully considered and not "chucked in". It makes it clear I will take it further, they are aware of the areas where my solicitor thinks we have a case. Yes, I want to avoid the stress of a tribunal - don't most people?

If they don't make a satisfactory offer I will lodge a claim.

I'm not assuming anything. I've no idea about the content or tone of your letter of course, and wouldn't claim to. I was talking generally, as I thought I made clear, by saying 'broadly speaking' and by talking about generic groups of employees. I was posting in an attempt to give what I hoped would be a useful insight into how your employer is probably viewing your actions, (whether they are carefully considered or not makes no difference to this), and to give my opinion on what your next step should be to maximise your chances of a decent settlement.

Best of luck with it anyway.