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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 48168
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been offered a settlement offer to settle my case and

Customer Question

I have been offered a settlement offer to settle my case and withdraw from my employment tribunal which was for discrimination, victimisation and whistleblowing. I have always wanted an apology, I now know I will never get that. I don't want any money or to sign any settlement offer, morally to me accepting money is the worst thing i could ever do. I know I will never work in my field again. What options are available to me if I was to withdraw my claim without signing a settlement agreement, I have been going through this for two years and my health has suffered. I am just a 'David' against a Goliath and am exhausted and mentally drained. My wife and I would like a chance to move forward she also experienced some of the behaviour shown towards me so it is not just me who has been through this. Thanks

Submitted: 2 years ago.
Category: UK Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you simply wish to drop everything in relation to this and not pursue it any further?
Customer: replied 2 years ago.

Hi Ben,

Thanks for getting back to me.

Yes I wish to end my claim. I have been offered a sum near £50,000 to settle my claim but don't want money. I have always said I did not want money, I wanted an acknowledgement of how I have been treated and an apology.

I was earning £34500 a year as a senior manager in the public sector and I whistleblew about financial practices that had been going on for many years and not addressed. I was then subjected to discriminatory actions including a noosing of a figure in my workspace which my partner witnessed and photographed. I was suspended for a year after a submitted a grievance and then the mobbing got worse with staff gaining up to invent accusations about me , I was then dismissed under SOSR. I have not had work in a year. I have been representing myself since I lost my job as I could not afford legal costs anymore, but it has taken its toll on my health and my partners. I know I have a good case in court but cannot do this on my own anymore.

I would like to withdraw my claim. I cannot see how my employer has suffered a detriment when they are prepared to offer me around £50,000 to settle to keep me quiet.

I don't want to be paid off for what I have gone through, it feels like blood money, I legitimately highlighted financial bad practice to my employer and it was not in my interest to do that. I cannot be silenced for whistleblowing, therefore I would like to end my claim but not be pursued by costs.

What is the easiest way to do this without further victimisation by my employer. Thanks Mike

Expert:  Ben Jones replied 2 years ago.
Hello Mike You are able to withdraw your tribunal claim at any time. Generally that does not prevent the employer from pursuing further proceedings in relation to costs so you would ideally like them to agree not to do that in exchange for withdrawing your claim. At the same time you cannot be forced to agree on any settlement that they have offered you so you can refuse to agree on any settlement agreement they have proposed. So the first step is to contact the employer and advise them that you wish to withdraw your claim on the understanding that they would not pursue you for any costs in relation to these proceedings. You may also want to make it clear that you do not wish to accept a settlement agreement from them and that if they want to go after you for costs that they could offset these from the sum they have offered to settle. You can use the attached template to withdraw the claim. In order to ensure that you are not pursued for costs in the future, you would have to get a formal agreement in place detailing that. This could be done via ACAS on a COT3 agreement form (drafted by them), or you could get your own settlement agreement with the employer. This is the same document that you would have signed had you decided to accept their settlement offer but its terms would change so that they are not paying you anything, rather they are agreeing not to pursue you for costs if you were to withdraw your claim. If you are going for the second option (a settlement agreement), then you would need to take independent advice from a solicitor so that they can rubber stamp the agreement. This is usually arranged by the employer and at their expense so you should enquire if they are willing to do that when you raise the matter with them. I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Dear Ben,

My ex employer mentioned a COT3 agreement with the offer they made to me. I have until June 1 to agree to this.

From what I have read a settlement agreement always involves a payment being made to an employee or ex employee, there does not appear to be any settlement agreement without paying a sum of money, is that correct?

Do I have to apply to the courts to withdraw from the case and then notify the employer and ACAS that I have withdrawn? Will I be sent a withdrawal code like my Early Conciliation code.

I can't find anything online about withdrawing they only seem to mention settlement offers and being paid money.

If the employer don't agree to my offer to withdraw my case, the courts will want to know that as well? From what I have read the courts don't like things to be left until too late in the day.

My case is due in the courts on 26 June.

Thanks

Mike

Expert:  Ben Jones replied 2 years ago.
A settlement agreement need not necessarily involve a sum being paid. 99% of the time they will but they can include any other terms, for example a claimant could agree to withdraw a claim in return for a reference and this could be detailed in a settlement agreement – it basically makes whatever is agreed binding on both parties.
You will have to send the letter, like the one on the template, to the tribunal to request the withdrawal. Usually they just acknowledge this in writing to you and confirm the case has been withdrawn. The employer’s consent is not needed.
Customer: replied 2 years ago.

Thank you, ***** ***** go all through what You have discussed .

Mike

Expert:  Ben Jones replied 2 years ago.
you are welcome, in the meantime could you please take a second to leave a rating for the responses so far, you will still be able to come back to me on this if needed, thank you