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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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Lm just about holding a prehearing in Employment Tribunal

Customer Question

Hi,lm just about holding a prehearing in Employment Tribunal court in a week's time for racial discrimination,whistleblowing,arrears of pay and unfair dismissal.
After denying all of the above in a phone hearing,surprisingly my previous employer wrote saying they confirm my arrears of pay and should confirm my account to send it.
Is it right to reply saying:thank you for finally admitting to my arrears of pay,I would appreciate if you could please as well admit other claims or just ignore the message and wait for my day in court?
Thank you
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. I regret to say I would not put too much emphasis upon your employer admitting your arrears of pay. This merely means that these don't have to be proved at the Employment hearing, which would only take up time and resources. However, this does not mean that you are entitled to any of the other relief you seek. It is merely a tactical approach which means that you are still employed by your employer, which means that you can continue in employment if you get satisfaction for other parts of your claim. So, it is the start of an approach to continue you in employment. So, you should consider what outcome you want from the hearing particularly, if settlement terms are offered.

Expert:  Buachaill replied 10 months ago.

2. Be aware that if you have continued in employment, then you haven't been unfairly dismissed. In fact, you haven't been dismissed at all, as your employment has continued. So you need to consider what is the result you want from the case. Do you want to continue working for this employer? You need to consider your own tactics in relation to the hearing.

Expert:  Buachaill replied 10 months ago.

3. Please Accept or Rate the answer as unless you do so, your Expert will not get paid for answering your question.

Customer: replied 10 months ago.
I already working for another employer and they are aware that I'm just requesting compensation
Customer: replied 10 months ago.
A settlement offer was already in place but
not at all satisfactory
Expert:  Buachaill replied 10 months ago.

4. If they are aware that you are just looking for compensation, then your tactics for the prehearing will revolve around how to extract the maximum amount of money. So, in this regard, getting arrears is a good start. But I still wouldn't advise you to write and say thanks as ultimately, you need to negotiate your settlement offer. When you finally get the matter settled, you can then write and say thanks!

Customer: replied 10 months ago.
Well,the settlement offer was on a without prejudice to save cost(commercial offer) which they did purposely to settle for as low as possible through acas.
I did made myself very clear that if no appropriate and reasonable settlement is reached,then we stick to the appointment in court.
But the respondent then wrote directly to me admitting my arrears of pay.What does that mean?can I restart the settlement through acas again?
Expert:  Buachaill replied 10 months ago.

5. You can restart the settlement process again. However, what is normal is that talks would occur at the same time as the prehearing. Effectively, use the prehearing as an opportunity to negotiate a settlement. So, if you wish, you can have a without prejudice meeting after the prehearing with your former employer and their legal team. For this, you should write to your employer and suggest a without prejudice settlement negotiation immediately after the prehearing. It will help to narrow the issues and bring the settlement talks into a band where settlement is possible.

Customer: replied 10 months ago.
Thank for your replies.Just one last question please;
So for now I should not reply to the employer's email asking me to confirm asap to pay my arrears in my account?
Expert:  Buachaill replied 10 months ago.

6. You should write back to the email and say, "Please pay me the money. The following are my bank account details". However, you should also include a line to the effect that you would appreciate if a settlement meeting could be arranged for immediately after the prehearing meeting so negotiations could continue as to see if settlement is possible.

Customer: replied 10 months ago.
It's alright.Thanks for your help
Very helpful and I think a very tactical approach towards a possible maximized settlement.
Thank you
Expert:  Buachaill replied 10 months ago.

7. Please Rate or Accept the Answer as unless you do so, your Expert does not get paid by the website.

Buachaill and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi,I would appreciate if you could answer some questions for me
Expert:  Buachaill replied 9 months ago.

8. File a fresh question should you have new questions. You can mark it for my attention and I will answer it for you.

Customer: replied 9 months ago.
To attention of Barrister Buachaill)Regarding tactics on arriving at a maximiced senticement, can I propose a reduction in my demand to meet the respondent's proposal before the hearing?If the respondent agrees,can I ask for an increase after the hearing in a no prejudice meeting?Thank you.
Customer: replied 9 months ago.
Sorry,I mean to writems maximized settlement.Thank you