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:
the nature of the claims or potential claims being settled
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...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
Employment analysis: Matthew Banham, partner, and Sara Thomas Arano, associate, at Seyfarth Shaw LLP, explain, a workplace complaint raised through a...
The Department for Business, Innovation, Science and Trade (BIST) has launched a consultation on reforming the whistleblowing framework under the...
The Prime Minister, Andy Burham, has confirmed, in his official Innovaton National Summit speech on 9 October 2026, that the government will introduce...
HM Courts & Tribunals Service (HMCTS) has published a position statement on the judicial use of Artificial Intelligence (AI), setting out expectations...
Employer's contract claim (counterclaim) in the employment tribunalThis Practice Note examines the circumstances in which an employer may make a contractual counterclaim against an employee in relation to a claim by the employee for breach of contract, under the Employment Tribunals Extension of
Settlement, withdrawal, dismissal of claims and consent orders in the employment tribunalIn this Practice Note, where appropriate, references to ‘claimant’ include a respondent advancing a counterclaim and references to ‘respondent’ include a claimant replying to such a counterclaim.The parties
Disclosure in employment tribunal proceedingsDocuments of one kind or another will form a significant part of the evidence in many employment tribunal cases. There is need for fair disclosure of them in the interests of justice. Many relevant documents will be in the possession of one party; for
Is it possible for a settlement agreement, entered into on termination of employment, to include a provision preventing the employee from being re-employed by the same employer?There is no specific provision that makes it unlawful for a settlement agreement to include a provision preventing the
0330 161 1234