Settlement Agreement vs Tribunal - Pros, Cons & Making the Choice | Winston Solicitors Skip to main content

Settlement Agreement vs Tribunal - Pros, Cons & Making the Choice

Facing workplace conflict or dismissal is stressful, and deciding whether to accept a settlement agreement or take your case to an employment tribunal is a crucial choice. This guide clearly explains the pros and cons of each route to help you decide what's best for your unique circumstances. Winston Solicitors offers confidential, no-obligation advice to guide you towards the best decision for you.

What Is a Settlement Agreement?

A settlement agreement is a legally binding contract between you and your employer, typically involving a financial payment in exchange for waiving your right to bring legal claims against them. To ensure fairness, obtaining independent legal advice is mandatory, and your employer usually covers these legal costs.

What Is an Employment Tribunal Claim?

An employment tribunal is a legal process where you formally raise complaints against your employer, such as unfair dismissal or discrimination. Tribunal cases involve presenting evidence and arguments to an impartial panel. The outcomes are uncertain and hearings are publicly accessible, but tribunals can lead to justice and potentially greater compensation.

Pros & Cons of a Settlement Agreement

Advantages:

  • Quick resolution
  • Confidential process
  • Less stressful and costly
  • Employer typically pays or contributes to your legal fees

Limitations:

  • Requires waiver of future claims
  • Compensation may be lower compared to tribunal awards
  • No public accountability for employer's wrongdoing

Pros & Cons of Going to Tribunal

Advantages:

  • Opportunity for full compensation
  • Public accountability for employer actions
  • Potential to highlight and expose wrongdoing

Risks:

  • Uncertain outcomes
  • Lengthy and potentially stressful process
  • Possible legal costs, unless covered by insurance or trade unions

Key Questions to Help You Decide

  • How strong is your case?
  • What outcome do you truly want?
  • How important is confidentiality to you?
  • Are you emotionally and practically prepared for a tribunal process?
  • Have you received expert legal advice?

How Winston Solicitors Can Help

At Winston Solicitors, we specialise in helping you navigate this challenging decision. Our experienced employment solicitors can:

  • Clarify your legal position clearly and honestly
  • Negotiate a better settlement offer if appropriate
  • Advise on the strengths and risks of taking your case to tribunal

With over 2000 five-star reviews, we are committed to providing professional, jargon-free advice. In most settlement agreement cases, your employer covers our fees, meaning expert guidance is accessible without additional stress.

You're Not Alone

Deciding between accepting a settlement agreement or pursuing a tribunal claim doesn't have to be daunting. Winston Solicitors is here to provide the reassurance and clarity you need.

Not sure which option is right for you? Speak to our expert employment solicitors today.

Yes, you are not obligated to accept an initial offer and can negotiate or decline it entirely. Legal advice is recommended to ensure you're making the best decision.

If unsuccessful, you typically won't receive compensation and may have to cover your legal costs unless you have insurance or union support. Tribunals rarely order the losing party to pay the winner's legal fees.

Usually, your employer covers the costs of legal advice for settlement agreements, ensuring you have professional guidance without financial burden.

Client feedback

Winston's supported me with their professional services. They were very swift in responding to my initial enquiry, then very quickly put me in touch with someone with the correct professional experience. They explained every step of the process and made the whole exeriance feel very easy.
Andrew
I have recently worked with Samira and Dervinder, and I couldn't be more satisfied with the service I received. From the very beginning, they were both professional, responsive, and extremely knowledgeable. They took the time to explain every step of the legal process in clear and understandable terms, and their attention to detail and genuine care for achieving the best possible outcome truly stood out. 10 out of 10!
Joanne
From first contacting Winstons Solicitor, I was really impressed with the care, concern and empathy with which I was met. My subsequent meeting with Samira continued in the same way and I was able to benefit from clear, concise and invaluable professional advice clearly gained from years of experience. Thank you.
Steven
I was happy with the service dervinder Roth provided for me and helped with my anxiety through the 12 month process I had to deal with.
Salman
I'm so glad I found Samira. She went above and beyond to make me feel heard and supported through a really chalenging situation at work. She is very experienced and takes a fair, balanced, and honest approach. I'd highly receommend her to anyone needing support wih workplace issues.
Anonymous
Amazing service from Winston Solicitors. Through my settlement agreement Dervinder explained everything thoroughly and helped understand what it was, what it meant and where changes were needed they sorted this to the timeline that was set. They were proactive and responded to all queries. They were very helpful and would recommend them completely as they explain in understandable terms for someone with limited knowledge of the process Thank you so much all!
Eve
Excellent solicitors. Responsive, fast and thorough!
Simeon
Dervinder was a great help at calmly explaining all the details and processes. I felt confident during the engagement that everything was under control and he made my life simpler by sorting things out in a timely manner with no chasing.
Torban
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