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 claim could 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.
