Settlement, withdrawal, dismissal of claims and consent orders in the employment tribunal
Settlement, withdrawal, dismissal of claims and consent orders in the employment tribunal

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Settlement, withdrawal, dismissal of claims and consent orders in the employment tribunal
  • Settlement of contractual claims
  • Settlement of statutory claims
  • Conciliated agreements
  • Settlement agreements
  • Consent orders
  • Withdrawal of all or part of the claim
  • The difference between withdrawal and dismissal
  • Dismissal of all or part of the claim following withdrawal
  • Application by the respondent for dismissal of the claim
  • more

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. For further information on this question, see Practice Note: Without prejudice and pre-termination negotiations in employment.

The parties may be keen to try to negotiate a settlement before the claim is submitted and proceedings are commenced.

The early conciliation scheme offers the opportunity for Acas to try to promote the settlement of employment-related disputes at an early stage, and a prospective claimant is required to contact Acas with certain information prior to submitting a claim in the employment tribunal. For further information, see Practice Note: The early conciliation requirement.

Alternatively, the parties may choose to engage in settlement discussions separately, with