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Discrimination Settlement Help? Employee to Employer

51 replies

SummerInTheSky · 22/04/2023 18:37

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

OP posts:
HermioneWeasley · 24/04/2023 12:50

user4750 · 24/04/2023 12:03

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 I was going to say the same. 26 years experience here and I have NEVER come across the employee drafting a settlement agreement, but I guess we’re wrong.

SummerInTheSky · 24/04/2023 14:01

@HermioneWeasley thanks for your input!

OP posts:
SummerInTheSky · 24/04/2023 14:10

h3ll0o · 23/04/2023 12:08

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.

Thanks for this. I believe my case may be similar. Knowing how my employer operates, I am sure it will be a long wait game until the imminent tribunal day draws closer!

OP posts:
user4750 · 24/04/2023 16:30

HermioneWeasley · 24/04/2023 12:50

@user4750 I was going to say the same. 26 years experience here and I have NEVER come across the employee drafting a settlement agreement, but I guess we’re wrong.

We know nothin HermioneWeasley Snow

HermioneWeasley · 24/04/2023 16:33

@user4750 😆

creamcushion · 25/04/2023 19:08

@SummerInTheSky have you heard from your employer yet? I'm going through something similar (a clear case of discrimination) and am having what is turning out to be a protracted battle with them over it. They're currently withholding wages (despite terminating my employment) and are taking weeks to respond to my solicitor's emails. It's a hideous spot to be in.

SummerInTheSky · 25/04/2023 19:23

creamcushion · 25/04/2023 19:08

@SummerInTheSky have you heard from your employer yet? I'm going through something similar (a clear case of discrimination) and am having what is turning out to be a protracted battle with them over it. They're currently withholding wages (despite terminating my employment) and are taking weeks to respond to my solicitor's emails. It's a hideous spot to be in.

Hi @creamcushion. Yes I have finally heard back from my employer and have settled a higher than expected settlement.
Was expecting more of a back and fourth but I guess they finally saw their faults!!
All the best with your case. It will all be worth it in the end xx

OP posts:
Shoelacesundone · 25/04/2023 19:32

What an incredible result...

creamcushion · 25/04/2023 19:45

That's amazing @SummerInTheSky - congratulations!!! Fingers crossed for me - I'm hoping to get at least some kind of movement on mine this week otherwise I'm going to start ACAS early conciliation proceedings. It's exhausting so really pleased you managed to find a happy resolution quickly Smile

ArmWrestlingWithChasNDave · 25/04/2023 22:22

Shoelacesundone · 25/04/2023 19:32

What an incredible result...

Incredible indeed.

daisychain01 · 26/04/2023 03:42

Wow. That's unbelievable!

Era · 26/04/2023 06:49

Grin. It’s always so great when an employer agrees to more than you asked for.

Mortimercat · 26/04/2023 07:01

SummerInTheSky · 25/04/2023 19:23

Hi @creamcushion. Yes I have finally heard back from my employer and have settled a higher than expected settlement.
Was expecting more of a back and fourth but I guess they finally saw their faults!!
All the best with your case. It will all be worth it in the end xx

Of course they did. 🙄

SkylightDinnerFor2 · 26/04/2023 07:54

@Mortimercat
What is wrong with MNers seriously? Confused
You have no reason to assume when you don't know the ins and outs Grin
Weirdos

SkylightDinnerFor2 · 26/04/2023 10:34

Era · 26/04/2023 06:49

Grin. It’s always so great when an employer agrees to more than you asked for.

Isn't it just!
The bad publicity just isn't worth it!

Era · 26/04/2023 14:28

SkylightDinnerFor2 · 26/04/2023 10:34

Isn't it just!
The bad publicity just isn't worth it!

Hmm
SkylightDinnerFor2 · 26/04/2023 14:40

@Era Wink

Theredfoxfliesatmidnight · 26/04/2023 14:53

So you made a settlement offer, and they came back and decided not to accept that, but just to randomly give you even more? That is a pretty amazing result.

SkylightDinnerFor2 · 26/04/2023 15:08

Theredfoxfliesatmidnight · 26/04/2023 14:53

So you made a settlement offer, and they came back and decided not to accept that, but just to randomly give you even more? That is a pretty amazing result.

Lol no.
It was an initial settlement, they declined, it was back and fourth.
They received the tribunal court date and since then made an offer which was above what we asked for initially.
No need to lie MNers, it's actually hillarious the assumptions you all make on here! GrinGrinGrin

CuriouslyDifferent · 26/04/2023 15:10

Welcome to the process.

The employer won’t knee jerk and sign off if they’ve got any sense. They may also have legal insurance and thus they could already be involved and determining the course of action.

I’ve known employers to go all the way to 15 mins before the tribunal, who settle.

it’s a game of evidence & chicken - from this non lawyer. I’m sure they have a better name for it.

Era · 26/04/2023 21:09

SkylightDinnerFor2 · 26/04/2023 15:08

Lol no.
It was an initial settlement, they declined, it was back and fourth.
They received the tribunal court date and since then made an offer which was above what we asked for initially.
No need to lie MNers, it's actually hillarious the assumptions you all make on here! GrinGrinGrin

Ah, you’ve name changed using a different email address and are posting as two people on your own thread.

well it’s one way to get support I guess..

SkylightDinnerFor2 · 26/04/2023 21:13

@Era I changed my name on here for something unrelated to this post 😂 I haven't also tried to get support from 2 accounts as I replied to a comment on here from my previous name. Same email, same account. Nice try Era x

unfortunateevents · 26/04/2023 21:34

SkylightDinnerFor2 · 26/04/2023 21:13

@Era I changed my name on here for something unrelated to this post 😂 I haven't also tried to get support from 2 accounts as I replied to a comment on here from my previous name. Same email, same account. Nice try Era x

I thought MN had changed the settings, so that whatever name you post under for the first time on a thread is the one that it automatically defaults to when you come back to that thread? Is that not the case - it seemed like a good idea to stop sock puppeting.

SkylightDinnerFor2 · 26/04/2023 21:54

@unfortunateevents nope, doesn't seem to be. Have a go yourself, change your name and come back to another thread, it treats them as different accounts although it is the same email address used.
I thought it would of changed the name on here to my new name too 😂

Era · 26/04/2023 23:01

If you don’t run two different accounts and you started the thread it shows as a name change but still shows up in colour.

Swipe left for the next trending thread