Employment tribunals and settlement – what employees need to know in 2024

This article provides guidance for employees who are considering bringing a claim against their employer at an employment tribunal, including settlement options.

 Employment tribunals – the current situation

The wait times for employment tribunals remain lengthy. Official Data published by the government showed there were 33,000 outstanding single claim employment tribunals at the end of March 2024. Although this number has fallen since the peak in 2020/21, it is still taking some time for cases to be resolved. The challenges faced in bringing an employment tribunal claim may mean some claimants are encouraged to consider other options.

Examples of Alternative options?

Acas early conciliation

Before issuing an employment tribunal an employee must first contact the conciliation service Acas via the early conciliation process.  Acas will offer the option of early conciliation to facilitate discussions between you and your employer and see if a settlement can be reached. Acas do not represent either party but act as a neutral intermediary.

In 2023 – 2024 Acas reported 39% of early conciliation notifications resulted in a conciliated settlement or other positive outcome between the parties.

The standard Acas early conciliation period is six weeks. This period gives parties an opportunity to settle at an early stage.

Settlement during proceedings

If you do not settle within the Acas early conciliation period, you can still settle issues at any stage of the proceedings after the claim has been brought up to and including the final hearing if the other party/ies is/are willing.

If you reach an agreed settlement once a claim has been brought, you can obtain the support of Acas in reaching agreement.  Agreements are finalised via a written agreement known as a COT3 agreement and we would recommend that you seek legal advice on the terms of such an agreement.

Looking ahead

Due to the current pressures on tribunals and resulting delays, settlement at this time may be more appealing to both parties.

Further information

For more information on how we can support you on the issues covered in this article, please get in touch with our Employment law team today. Our Employment team are based in Maidstone and Canterbury.

This content is correct at time of publication