How to decide whether to settle or fight an employment tribunal claim
Click on any of the hyperlinks to go to more detailed guidance below.
- Control the amount of legal costs and time that is poured into defending an employment tribunal claim.
- Do not allow a point of principle (for example, the wish to defend an unmeritorious claim) to take precedence over straightforward economics.
- Make an informed decision about resourcing or settling the claim, based on the overall size of the claim.
- Be realistic about the chances of success in defending the claim.
- Bear in mind the amount of compensation that a successful claimant is likely to be awarded.
- Think through the wider implications (for example, potential negative publicity) of fighting an employment tribunal claim.
- Be aware that full vindication for either party is rare from an employment tribunal.