Employment claims can be brought about for any number of reasons. Often it could be that the employer has terminated a contract of employment that the employee wishes to contest. Or, it may be that the employee feels that they are being mistreated in the workplace. Whatever the reason, going through with an employment claim can be hugely stressful and is not something that should be taken on lightly.
If things cannot be amicably settled between the two aggrieved parties there may be cause for the case to be moved on to an employment tribunal. All employment tribunals are independently judged and can result in the employer paying compensation to the employee should they win the case. However, since the introduction of employment tribunal fees in July 2013, the need for a solid and legitimate claim is more important than ever so the employee should not initiate a claim purely on a whim.
Settling disputes
When there are legitimate grounds for grievances to be heard there are three main ways that, with the help of a neutral third party, these can be brought to a satisfactory resolution. These are:
Mediation – An impartial third party will sit down with both the employer and the employee and look at the problems that exist between the two parties involved. Generally a solution can be reached at the mediation stage, but the mediator cannot push either the employer or the employee into accepting a resolution. It is prudent not to use the service of a mediator should the case be of a discriminatory or criminal nature.
Conciliation – Conciliation, just like mediation, is also voluntary. Both the employer and the employee must agree to the conciliation in order to progress. Conciliation is usually brought about when the employee believes that they have an entitlement to lodge a claim at an employment tribunal or if they have already previously made a claim.
Arbitration – Arbitration is where an independent, neutral third-party assesses the case and makes a decision based on the facts presented. Once all of the issues have been looked at both parties must concur to the arbitrator’s judgement being legally binding. If either party does not agree then there is still the option of an employment tribunal available.
Compromise agreements
Often referred to as settlement agreements, compromise agreements are legally binding and can be used to end disputes that may occur when an employment contract is terminated. Compromise agreements can be bewildering to the layman so it is vitally important that you employ a competent and reputable solicitor. Rodney Hylton-Potts, who has worked on high profile cases such as the Polly Peck trial in the 1980’s and the 2008 judicial review of the smoking ban, is well versed in compromise agreements and could help you get the desired outcome for your case.
Compromise agreements will, more often than not, end with an offer of a financial settlement. This means that should an agreement be reached between all parties concerned a full and final settlement will be offered and the case will be brought to an end.M