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 practice 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
  • Claimants reserving the right to bring a further claim after withdrawal
  • More...

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

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

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