Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

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).

Tagged with →  

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Testimonials

    4.80 Average

    371 Reviews

    Jonathan L

    The service I received was friendly and professional. I appreciated the timely communications and Mel was always available for any questions I had. I'd definitely recommend Redmans and will use them in a heartbeat should the situation arise again.

    Posted 6 days ago

    Glyn B

    Provided a great service, covered all my requirements

    Posted 1 week ago

    Fidel A

    Redmans Solicitors recently helped me navigate a recent employment termination settlement agreement. Chris Hadrill is very professional and you will be in good hands with him. I score Redmans 4 out of 5 because things had to move fast and felt the team member assigned to my case wasn't very responsive at times. Having said that, I was very happy with the outcome and have no hesitation in recommending their services.

    Posted 1 week ago

    Nigel A

    Chris Hadrill is hugely impressive - the right blend of assured calm and savvy professionalism. I've already recommended him to friends and family.

    Posted 1 week ago

    Matt O

    I was hugely impressed with the ease of being able to work with Redmans Solicitors and their professional approach. Mel was really clear around the process, and costings required and I felt comfortable throughout. I would certainly recommend.

    Posted 1 week ago

    Bryan G

    Great response, and also happy to assist

    Posted 1 week ago

    David L

    I was made a settlement offer by my employer to terminate my emplyment early. Redmans helped me understand the offer, and ensured that it was fair for someone in my position. They made a very stressful situation much easier. Excellent service.

    Posted 1 week ago

    Anonymous

    I can highly recommend Redmans. The service was professional and prompt and I would not hesitate to use them again. Thanks

    Posted 2 weeks ago

    Anonymous

    Overall I am satisfied with the performance from Redmans. The reason I have given 4 stars is that I had quite a lot difficulty in contacting the representative which was initially nominated for me. However, when I contacted Chris instead, he was excellent over the phone and secured a great outcome in short order. I would recommend Redmans Solicitors.

    Posted 2 weeks ago

    Anonymous

    Chris and Redmans were a great help. Effective and efficient, quick response from my first enquiry and then straightforward and attentive throughout with ultimately a positive outcome. I will use them again and recommend them.

    Posted 3 weeks ago

    Marie P

    Great service, quick responses, good advice and all in a no nonsense, no jargon manner. Would definitely recommend.

    Posted 3 weeks ago

    Anonymous

    Rana was amazingly thorough and professional!

    Posted 3 weeks ago

    Anonymous

    I am extremely happy with the legal advice I was provided with. My case was resolved to the best of my expectations. Thank you very much for your professional help.

    Posted 3 weeks ago

    Shahzad R

    Chris and his team were excellent. They provided sound advice and consultation that resulted in more cash than was offered. Would definitely recommend.

    Posted 3 weeks ago

    Sanjay B

    I would like to take this opportunity to thank Mel Chin, for all her support during my settlement process. Where she provided a professional service and was understanding. I would confidently recommend Redmans Solicitors to my friends and family. Thank you and wishing you all a Merry Christmas.

    Posted 1 month ago

    Paul O

    Excellent response time and communication during my dealings with Redmans

    Posted 1 month ago

    Gil T

    I don’t normally write reviews, but thought it was time on this occasion. Just wanted to say that I highly recommend Redmans - especially Rana Tandon, who helped me navigate around my employment contract. Rana was meticulous and thorough and all over my needs. Would I use Redmans again ? ..absolutely

    Posted 1 month ago

    Stephanie D

    Very thorough and professional service. I was very nervous about my employment case, as I had never dealt with anything like it before. However, the solicitors who handled my case made sure I understood everything. I was never kept in the dark and Redmans kept me constantly informed about what was going on with my case. I would definitely recommend Redmans Solicitors

    Posted 1 month ago

    Richard S

    Chris and Sacha were great throughout the entire process. Chris was very helpful once the initial discussions with my company began and before we agreed there was a case. Sacha was very responsive, patient and helpful throughout ensuring I felt I had the right information to make the best decision on next steps. A close friend and wife have both used Redmans in the past few years for unfair dismissals and the service continues to be first-class and I would strongly recommend them again. They definitely help reduce the anxiety that comes with uncertainty around new processes and situations. Thank you!

    Posted 1 month ago

    Jianya

    Very nice and patient went through the whole document with me.

    Posted 1 month ago

    Susan L

    Very helpful and led me through the redundancy process.

    Posted 1 month ago