You can ask your employer to make an agreement to avoid going to tribunal before you start a case and at any point before the hearing begins (or even once it has started). Equally, they can approach you with an offer to settle at any point.
Sometimes employers are only really willing to think about settling a case after one has been started.
This is part a series of guides
We have written them because we understand how being treated unfairly at work can impact your whole life, even how you see yourself. We want to support you to work out if you can or should take your case to the employment tribunal, and to help you to do it well - even if you cannot find an adviser to help you, and cannot afford to pay for help. We suggest you read all of the guides in the series.
You can suggest a settlement by sending the other side a letter marked ‘without prejudice’ or using Acas or a mediation service. Anything said in a letter or a conversation that you have agreed is ‘without prejudice’ cannot be used to strengthen the other side’s case at the Tribunal.
If you don’t have a solicitor or representative to help you, it is usually best to use Acas or a mediation service to help with the negotiations. They may also help you with the wording of a written agreement if you are able to reach agreement with your employer. Acas’ conciliation is free. Sometimes employers will prefer to use a mediator - they will usually pay for this, but the mediator will not be ‘on their side’, they will just be trying to help both sides reach an agreement.
Neither an Acas conciliator or a mediator will offer either side advice about whether the offer is fair – but it would be sensible to get some if you can, even if you have to pay if you could at all afford it. See our guidance on how to get free or affordable employment advice.
Usually one side makes an offer, then the other side makes a counter offer, and so on until you reach a compromise both sides are OK with. So, don’t feel that you need to accept their first offer, or expect them to accept yours.
This guide covers the law and process in England and Wales. The process is slightly different in both Scotland and Northern Ireland. Find out more about the process in Scotland from Citizens Advice. Find out more about the process in Northern Ireland on Industrial Tribunals and the Fair Employment Tribunal. (This information about Northern Irish process is very brief so read these guides for more help on how to do things like value a claim, write a witness statement etc). |
September 2024
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