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If you’ve been treated poorly by your employer then you may be in a situation where you have to decide whether you want to pursue an Employment Tribunal claim or try and settle your claim (normally via a contract known as a ‘settlement agreement’). In this article Chris Hadrill, the partner in the employment department at Redmans, provides his nine top tips to employees on what to consider when they’re deciding whether to bring an Employment Tribunal claim or sign a settlement agreement

  1. What claims do you have, and what are the chances of success of those claims?
  2. What remedy are you seeking from an Employment Tribunal claim?
  3. Are you interested in settling your matter, or is bringing an Employment Tribunal claim a point of principle for you?
  4. What is your employer willing to offer to settle your Employment Tribunal claim?
  5. What other terms are you looking to negotiate into the settlement agreement?
  6. What wider impact could an Employment Tribunal claim have on you?
  7. Are you looking for the certainty of a settlement or the potential ‘up-side’ of an Employment Tribunal claim?
  8. Do you have the time, patience and energy to devote to bringing an Employment Tribunal claim?
  9. What funding method can you obtain to bring an Employment Tribunal claim?

What claims do you have, and what are the chances of success of those claims?

One of the first things to do is to, based on the circumstances of your case, analyse what potential claims you have – have you been harassed in the workplace, discriminated against, victimised, or unfairly dismissed? Which claims you are able, and choose, to bring will of course have a significant impact upon the prospects of success and value of any Employment Tribunal claim you choose to bring.

What remedy are you seeking from an Employment Tribunal claim?

If you are only seeking compensation (i.e. a financial payment) from your Employment Tribunal claim then it is, generally, more likely that you may be able to settle your claim (either before you issue it or during the life of the claim). If, however, you are seeking another form of remedy (reinstatement or re-engagement, a declaration, or a recommendation) then you might have to seek this through a successful claim in the Employment Tribunal (as it is normally difficult to persuade an employer to re-engage you through a settlement agreement).

Are you interested in settling your matter, or is bringing an Employment Tribunal claim a point of principle for you?

This will, of course, be a key question: if you’re not interested in settling your (potential) claim then there is very little point in entering into settlement agreement negotiations; you will probably be best served in concentrating your energy on preparing your Employment Tribunal claim. If you are interested in achieving a settlement then it’s normally best to approach the other side at a reasonably early stage to try and agree a settlement package.

What is your employer willing to offer to settle your Employment Tribunal claim?

What your employer is willing to offer, and what you are willing to accept, to settle your claim will be very important in determining whether there is in fact any realistic prospect of settling your claim – if you value your claim at £50,000 and your employer is only willing to offer £5,000 to settle it then it’s probably unlikely that there is going to be any form of agreement on settlement terms. If, however, your employer  is willing to offer £20,000 and you value your claim at at least £15,000 then it’s much more likely that the parties will be able to reach some form of compromise over the value.

An advantage of a settlement agreement is that you will often be able to be some, or all, of the settlement payment tax-free (if it as compensation for the loss of your employment).

What other terms are you looking to negotiate into the settlement agreement?

In my experience employees are normally looking for more than financial compensation in bringing Employment Tribunal claims (and settling them via settlement agreements) – employees are also interested in agreeing a reference, making sure that the terms of the agreement and the circumstances of their case are kept confidential, and ensuring that nobody at their (previous) employer says anything ‘derogatory’ about them. If these issues that can be agreed with the other side then there is, of course, a much greater chance of settlement agreement terms being agreed and finalized.

What wider impact could an Employment Tribunal claim have on you or your employer?

One of the main considerations with a claim in the Employment Tribunal is the public nature of the forum and, therefore, the potential publicity (whether positive or adverse) that an Employment Tribunal judgment could have for one or more parties to the litigation – all Employment Tribunal judgments are now published online and the parties to the litigation will therefore want to think carefully about what impact any publicity could have on their careers or business.

Are you looking for the certainty of a settlement or the potential ‘up-side’ of an Employment Tribunal claim?

The benefit of a settlement agreement is generally that the parties to the agreement will be (reasonably) happy with the terms that they’re agreeing to (otherwise they wouldn’t enter into the agreement) and, further, a settlement agreement provides finality and certainty for both the employer and the employee. However, agreeing to a settlement agreement does, of course, limit the ‘upside’ to exercising any rights you may have. You’ll therefore have to carefully consider what course of action is in your best interests.

Do you have the time, patience and energy to devote to bringing an Employment Tribunal claim?

Before you embark on a claim in the Employment Tribunal you should be aware that it will potentially be a tough, stressful and drawn-out process: claims came sometimes take more than 12 months to conclude, you’ll have to exercise patience in the pursuit of your claim, and it is often stressful to go through the process for the first time.

What funding method can you obtain to bring an Employment Tribunal claim?

If you’re thinking about bringing an Employment Tribunal claim then you may wish to see whether you can obtain representation from a specialist employment solicitor – the types of funding that you will normally be offered are as follows: ‘no win no fee’ funding, hourly rate funding, legal expenses insurance (if you have insurance funding), and fixed fee funding.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

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Testimonials

4.72 Average

89 Reviews

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 1 day ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 5 days ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 5 days ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 6 days ago

Yulian Z

Great service

Posted 6 days ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 6 days ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 6 days ago

Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

Posted 6 days ago

Matthew L

Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

Posted 6 days ago

Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

Posted 1 week ago

Anonymous

Professional and helpful. Thorough and supportive.

Posted 1 week ago

Richard A

Excellent service, prompt replies, great advice

Posted 1 week ago

Anonymous

Very professional services

Posted 1 week ago

Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

Posted 1 month ago

Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

Posted 1 month ago

Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

Posted 1 month ago

Richard v

Excellent Service

Posted 1 month ago

Anonymous

Very happy from service received. Highly recommend

Posted 1 month ago

Colin W

Very professional and thorough. Sachs who dealt with the bulk of my case was excellent Thank you. .

Posted 1 month ago

Anonymous

I was generally impressed with the fast turn around, efficiency, responsiveness, and consideration of circumstances. I needed a couple of areas of advice quickly and with Redmans help was able to get to a conclusion quickly and with minimum stress. They were friendly and professional throughout - I'd use them again.

Posted 1 month ago

Anonymous

The guidance and assistance I recently received when using Redman's was fantastic. Caroline & Chris were both very informative and understanding walking me through each step. Thank you.

Posted 2 months ago