Settlement

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In many cases, the parties involved in an employment-related dispute will be keen to avoid the cost, uncertainty and time involved in either initiating (or responding to) an employment tribunal claim or, where a claim has been submitted, proceeding to a full tribunal hearing. Attempts to negotiate a settlement of the claim or potential claim may be made as soon as the dispute arises, before the submission of the claim or response, or at any point during the employment tribunal process (including during any period between determination of liability and remedy). The party initiating settlement negotiations will usually be keen to ensure that the existence and details of any offer or discussion are not admissible in any employment tribunal (or other court) proceedings.

If settlement terms are agreed, the means by which that settlement takes effect may depend on:

  1. •

    the nature of the claims or potential claims being settled

  2. •

    whether or not the claim has been submitted to the employment tribunal

If the employment dispute relates to contractual claims only, settlement may be recorded in 'ordinary' binding contractual form.

If the dispute relates to one

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