There are two main ways of settling an employment tribunal claim and they are:
Via an Advisory, Conciliation and Arbitration Service (Acas) conciliation officer.
An Acas conciliator is a neutral party. They can discuss the issues with both parties with a view to helping resolve matters. They can also:
- Speak about the conciliation process
- Discuss the various options available and possible resolution of the case
- Explain what the tribunals will consider when making a decision on the case
- Help each party understand how the other side views the case
- Inform each party of any proposals the other has for resolving the matter
A conciliator should not:
- Make a judgment on a case, advise on its strength, or provide their opinion on the likely outcome of a hearing
- Advise a party whether they should accept any offers of settlement or whether any offers are fair or reasonable
- Act as a representative for any party or take sides
- Help a party prepare their case
If the case is settled via an Acas conciliator, it becomes legally binding once both parties have agreed settlement wording. It is concluded by both parties signing a COT3 agreement.
An employee may want to incorporate a reference as part of a settlement agreement. This means that they can be sure that the wording of this reference will be communicated to any prospective or future employer.