Why should I make an offer to my employer to settle my case?

The purpose of making the offer is to speed up the claim and reduce your legal costs. The jargon for this procedure is 'making a Part 36 offer'. Your solicitor should ask for your confirmation that you agree to it being made. Other things to note about a Part 36 offer are as follows:

  • The offer remains open for 21 days from the date your opponent receives it.
  • If your opponent refuses the offer, and you press on to trial, the court's award may be better than the offer you made to your employer. If so, your employer will have to pay a higher rate of interest on your damages, and extra legal costs.
  • Your employer may also make a Part 36 offer, backed up with a payment into court, which puts you in the position of deciding whether to take a gamble on beating their offer.
  • Remember that the compensation is for you. You are entitled to know what deductions, if any, will be made from your compensation. Since April 2013, if you enter into a 'no win/no fee' arrangement, part of your compensation will have to be used to pay legal fees. Make sure you talk this through with your solicitor and study any agreements on costs carefully, so that you are completely clear what deductions will be taken from any compensation if you win.
Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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