Decide whether to fight or settle an employment tribunal claim

Key points

  • When faced with an employment tribunal claim, an employer must take decisions about how much legal and management resource will be made available to fight it, with a win-at-all-costs strategy rarely a sensible one.
  • The three crucial factors when deciding whether to settle or fight a claim are: the chances of success; the likely remedy; and any wider impact that a successful claim would have (in terms of reputation, precedent or employee relations).
  • Employers should bear in mind that the outcome of employment tribunal claims is never certain. However, it is usually possible, with legal advice, to make a reasonable prediction of the chances of success.

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