Reasonable Settlement Offers Should be Considered
In G4S Securities (UK) v Rondeau (UKEAT/0207/09), it was held that an employee was guilty of unreasonable conduct when he refused an offer of settlement during negotiations which he later accepted at the door of the Tribunal. Accordingly, he was ordered to pay his employer's costs.
Mr Rondeau refused to accept a reasonable offer of settlement from his employer on two occasions before reaching the Tribunal. He also failed to put in any counter-offer. The result was that the employer's final costs were considerably higher than the amount Mr Rondeau was initially seeking. Mr Rondeau subsequently accepted the employer's offer at the door of the Tribunal. The EAT held that his previous rejection of the offers and failure to give a counter-offer were unreasonable and he was ordered to pay £3,420 towards the company's costs.
This decision is good news for employers prepared to make reasonable settlement offers, although it also means that employers should be sympathetic to offers put forward by employees.
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