Settling an Employment Tribunal Claim: The Strategic Choice? - MLP Law

Settling an Employment Tribunal Claim: The Strategic Choice?

  • Employment Law
  • 8th Nov 2023

Picture this: You’re a business owner, and an Employment Tribunal claim lands on your desk. The immediate instinct might be to dig in your heels and prepare for a protracted legal battle, driven by your values as a responsible employer. The sense of injustice can sting, making it feel like a matter of principle to […]

By Gareth Matthews

MLP Law

Picture this: You’re a business owner, and an Employment Tribunal claim lands on your desk. The immediate instinct might be to dig in your heels and prepare for a protracted legal battle, driven by your values as a responsible employer. The sense of injustice can sting, making it feel like a matter of principle to defend your name to the hilt.

However, consider the hidden currents beneath the surface. The time and costs incurred in defending a claim can be like a heavy anchor, slowing down your business voyage. The process itself is like a turbulent storm, and the impact of being absorbed by ongoing employment litigation can’t be underestimated.

Thankfully, there’s a more efficient course of action. Let’s explore the benefits of achieving commercial settlements in Employment Tribunal claims:

  1. Avoid Costs and Minimize Financial Impact:

Think of settling the claim as a strategic manoeuvre, akin to finding a shortcut through the maze. It can help you steer clear of the financial pitfalls of a prolonged legal defence. Settling early in the Employment Tribunal process often means paying a significantly lower settlement sum to the Claimant than the costs incurred by defending the claim through a final hearing. Even if the claim is successfully defended, recovering those costs in the Employment Tribunal is a long shot, meaning this is a serious consideration even in cases where the employer has the strongest defence.

 

  1. Cut Out Distractions and Free Up Your Time:

Consider the Employment Tribunal process as a detour, a long and winding route. Settling is like finding the direct highway to resolution, saving you from the stress and distraction of navigating a legal labyrinth. It’s a faster way to get back to matters that truly benefit your business.

 

  1. Stay in Control:

A settlement places you in the driver’s seat, like holding the reins of your business. You dictate the terms, ensuring that the outcome aligns with your goals and needs. You wouldn’t hand control of your business to a stranger in any other context, so why consider it here?

 

Settling an Employment Tribunal claim isn’t waving a white flag; it’s a strategic advance. It’s a shrewd business decision to utilise your resources efficiently, rather than exhausting your energy, time, and finances in a prolonged legal battle. By freeing up your time and minimizing the financial impact of the claim, you can redirect these valuable assets to more productive ventures within your business. This approach ensures that an Employment Tribunal claim remains an inconvenience, rather than growing into a major distraction and financial strain on your business.

mlplaw is here to support you throughout the Employment Tribunal journey and ensure you have expert representation every step of the way. Contact us today on 0161 929 9969 or employment@mlplaw.co.uk to schedule a consultation and ensure you give your business the best chance of achieving a successful outcome when defending an Employment Tribunal claim.

About the expert

Stephen Attree

Managing Partner

Stephen is the Owner of MLP Law and leads our Commercial, IP and Dispute Resolution teams which provide advice on all aspects of the law relating to mergers, acquisitions, financing, re-structuring, complex commercial contracts, standard trading terms, share options, shareholder and partnership agreements, commercial dispute resolution, joint venture and partnering arrangements, IT and Technology law, Intellectual Property, EU and competition law, Brexit and GDPR.

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