Discrimination Settlement Help? Employee to Employer

[SummerInTheSky]

Wondering if there are any employment lawyers or law specialists that could help?

There has been an ongoing dispute between myself and my employer due to discrimination and I have sent through a settlement agreement to avoid going to ET and go terminate my employment.

It's a sizeable financial sum (about 9months of pay + extras)

My employer is dragging out the process and is yet to respond to my solicitor. Am I to expect a counter offer as employer would most likely try and lowball?
If the discrimination which is clear and evident is disputed by employer (unable to see their own faults, not the lack of evidence) should I assume the settlement will be ignored?

If it's taking too long what would be my next steps?

TIA

Generally they put forward the settlement agreement not you. Has your solicitor actually drafted up an agreement etc without them agreeing to the exit package? If so then I would be concerned that they are milking you for fees. The other side might just tell you to take a hike.

Why aren't you going to tribunal? Do you know your deadline to raise this to ACAS? Don't miss it! If the employer doesn't think they've done anything wrong they're unlikely to agree to settle and may prefer to take it to ET.

Hi,
I started the settlement agreement talks as employer has acted unlawfully. Employers normally give settlement agreements in redundancy or in disputes.
Employees can raise settlements but depends on the situation.

I haven't missed the deadline. I have already put in a claim - but in a bid to leave on amicable terms with an agreed reference, the threat has been made regarding the claim but I have time to withdraw the ET .. should they play ball and admit the obvious wrongdoings.
The settlement was sent before the claim but as employer hasn't yet responded to it, we then escalated the situation.

From the sound of it the employer doesn't want to sign the settlement and you'll need to decide whether of not to go to ET. I assume your solicitor gave them a deadline to sign the agreement?

You have a solicitor who knows the ins and outs, you are best being advised by them

If you are still employed the only losses you can claim for are hurt to feelings. It’s very unlikely they would admit wrongdoing but employers often sign settlements to resolve things in the cheapest and easiest way. No one can tell the future though so no one knows how your employer will react.

I know how it works, I’m a solicitor. It’s odd for your solicitor to have drafted a settlement agreement. Are you sure it isn’t an Acas cot3?

Anyway, you’re legally advised. You should take advice from your solicitor.

It's a sizeable financial sum (about 9months of pay + extras)

Presumably that sizeable sum is what you and your solicitor has calculated? That doesn't mean your employer will agree to it. It sounds like they're deliberately dragging their heels. They have no incentive to get out their cheque book if they don't agree with your belief that they've discriminated against you.

ET is expensive and stressful. They know you'll have to fund your legal fees personally while any fees on their side will be financed by the company. That's a big difference.

To be honest, I think you coming up with a settlement agreement suggests you don’t think you have a good enough case for tribunal. The employer doesn’t need to get back to you within any particular time frame, if you want to proceed then you will probably need to push on with ACAS and tribunal.

I have put in for tribunal and the case is strong.

If you’ve submitted a tribunal claim then a settlement agreement is very unusual. We would generally settle through Acas COT3 once proceedings are issued and this follows negotiations as to terms via an ACAS conciliator.

Your employer is under no obligation to settle the claim.

As PP have suggested it is unusual for an employee to put forward a settlement agreement proposal… I am not an employment lawyer (although I am a lawyer and did some training in employment law) but this seems like a strange approach. Employers will typically want to settle if they think you have a strong case (as they also don’t want the negative publicity of an ongoing discrimination case, as well as the financial cost). So the usual process is you make the claim, they then offer a settlement (assuming they think you would likely win at tribunal) which you can then negotiate. Employers are however likely to proceed to tribunal if they don’t think you have a case - as PP has mentioned, you would be on the hook for high levels of legal costs if you lose.
If you have put forward the settlement and they haven’t responded yet i would imagine it means either they don’t think you have a case (and are therefore happy to refuse settlement and put the risk on you of proceeding to tribunal) or they are still taking advice and will come back to you soon. As you have initiated the settlement though they are only likely to offer you less than what you have suggested so you are going to be negotiated down unless you are willing to actually proceed to tribunal.
What kind of discrimination are you claiming for (eg is it gender related, racial, maternity, disability etc?) and why do you think your case is strong - do you have concrete evidence etc?

@SummerInTheSky "If it's taking too long what would be my next steps?"

Surely, since you have a solicitor involved, then you should be asking them this question and not a bunch of random strangers on the internet? Since you have submitted a tribunal claim ACAS will attempt to mediate the claim and it won't progress to listing until that stage has been concluded and you have the ACAS certificate. But your solicitor really is the person you should be discussing next steps with - that is what you are paying them for.

I already have my certificate and have put a claim into tribunal!

So it hasn't actually been decided that they have been discriminatory against you?
Why would they agree to give a payout if thus hasn't been agreed?

It completely depends on the employer but usually they will wait a good few months to let the stress get to you in the hope you’ll settle for a low figure.

Some employers are bonkers. I sent a solicited letter to an employer offering a settlement for a case of discrimination. I worked there for a few months part time and offered to settle for £12,500. They wouldn’t take it although the case was worth £60,000. The judge in the case was flabbergasted by their lack of business sense. Instead they ended up paying £50,000 in legal fees and a £50,000 settlement fee at the start of the tribunal. That was a whopping £87,500 more than they needed to pay and they’re a small business.

If you’re happy to settle quickly the general rule of thumb is for no less than six months of your salary, as such, your initial offer is unlikely to be extravagant and instead sounds incredibly fair.

In that case they are clearly not interested in taking to you right now, if ever. They haven't made an offer through ACAS and they haven't responded to your solicitor. So there is no next step for you to take. There is no "too long". Hasn't your solicitor advised you that the don't have to respond?

In all honesty I'm surprised the solicitor put in an offer if ACAS mediation failed. That sounds a bit "desperate" from their point of view to fail at mediation then make a settlement offer. So they perhaps aren't taking you or your solicitor seriously.

Sorry, "talking to you" not "taking to you"! Fat fingers...

It's the actual sending through of a physical settlement agreement that is really odd. The employer provides a draft of a settlement agreement or draft COT3 wording if they are interested in settlement. To be blunt, I'd suspect a solicitor of proactively sending through a settlement agreement for a claimant as trying to increase fees on the file since its a completely unnecessary step for the claimant's solicitor. We settle post termination claims through COT3 not settlement agreements as a rule since that way the tribunal/ACAS are in the loop.

As PP have said, you can offer a settlement to the employer from your solicitor.
You are giving contradicting information. This is not a unique case. I'm aware of many cases where the employee sends through a potential settlement agreement in cases of discrimination. Which this is

You are giving contradicting information

Bit rich of you to moan about the free advice you're getting from unqualified randoms on the internet. What did you expect?

Didn't expect unnecessary comments like yours. But comes with the territory I guess. Thanks for your input

Ok well I'm sure your knowledge of many cases trumps my 25 years of being an employment solicitor so crack on. Good luck.

@user4750 thank you 😊