How to decide whether to settle or fight an employment tribunal claim

Original author: Darren Newman

Summary

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• 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.