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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 62513
Experience:  Qualified Employment Solicitor
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I had a discussion with Ben at just answer and now

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I had a long discussion with Ben at just answer and now continuing from that.... I have contacted ACAS and made a claim for early consolidation. I have been asked by ACAS what termination package am I looking for? Figures? I am making the claim on discrimination disability and I have no idea. Is someone able to advise please? I don't want to go in with a figures that is too high or too low but I really have no idea?

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Hi there. Thank you for reaching out. I will get back to you with my answer later today. Many thanks for your patience

Customer: replied 5 days ago.
Thanks

Hi there, giving you an idea of figures is going to be extremely difficult on here as that would inevitably depend on the strength of your case.

 

Unfortunately, the rules I work under do not allow me to discuss your chances of success in court. When solicitors determine these, we would conduct a formal case analysis and take the full details and evidence that are available into consideration. On this site we deal with very limited information in a Q&A format, so inevitably certain details and evidence will be missed. Therefore, if we discussed prospects of success based on this limited information alone, we could end up giving misguided advice and prompt you into either making a claim or not making one, when in reality we may have advised the opposite had we known the full details. That is why we are only limited to discussing the legal position and your options, without actually commenting on how good or bad a case you have.

 

However I can give you an idea of how the compensation for disability discrimination is calculated which may give you some insight.

 

If a claim for discrimination is made, the usual remedy would be to award compensation for injury to feelings. This is calculated by considering the level of discrimination, which the claimant has been subjected to. The seriousness of the discriminatory behaviour is assigned to one of three ‘bands’ known as Vento bands, named after a court case which considered this subject. The current compensation levels are as follows:

· Lower band - for less serious cases, for example an isolated incident or event (£900 - £8,800)

· Middle band - for serious cases which are not serious enough to fall within the highest band (£8,800 - £26,300)

· Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (£26,300 - £44,000). Awards can exceed this only in the most exceptional cases.

 

The above are the general guidelines but the tribunals have the power to increase them by a further 10% to take into account inflation.

 

Does this answer your query?

Customer: replied 5 days ago.
Thank you it does. I had a meeting to discuss my grievance just now and I said to my employer that I have made a claim to Acas for early consolidation on the basis of disability discrimination and they responded that I couldn't put a claim in for that as I still work for the company? They asked if I wanted to make the grievance formal I said yes and said I am looking to without prejudice to settle. Is this the right process?

That is nonsense – to claim disability discrimination you certainly do not need to have left their employment. Just one tip for WP discussions – keep them always separate from any other correspondence, so do not mix the grievance discussions with the WP ones – send two letters or emails at the same time – one to deal with the ‘open’ discussions on grievance, etc and one to deal with the ‘closed’ WP ones

 

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 5 days ago.
I will and thanks

Most welcome