Should I make a claim or reach a negotiated settlement?
Whether you should make a claim against your employer or not can be a difficult decision to make. You may be reluctant to make it out of fear of upsetting people. You may also be worried that making a claim may cause you more stress than you are already suffering, and may not want to risk damaging your career, or experience judgment.
However, it is often the case that people find it difficult to return to their job after they’ve been discriminated against. Some want justice and hold the person responsible for what they’ve done. This can help stop them from doing the same to another person in the workplace.
Apart from attempting to resolve the problem internally with your employer, you generally have 2 options. You can
- Bring a claim to the Employment Tribunal, or
- Try to negotiate a settlement with your employer.
Bringing an Employment Tribunal claim
Involving an Employment Tribunal is usually the last resort. However, it is a useful option, especially if you are unable to resolve matters internally with your employer and/or cannot reach a settlement with them.
If you require Employment Tribunal representation, our experienced Employment Law solicitors can help. Get in touch with us to discuss your case.
Negotiating a settlement with the employer
It is normally best to try to negotiate a settlement, and we recommend this before you resign from your job (if you feel you can no longer continue to work for your employer). This puts you in a much stronger negotiating position.
If you are successful with negotiating a settlement, a settlement agreement would normally be agreed upon. Under this agreement, your employment will usually terminate. In return for you agreeing to not pursue any claims against your employer, you would normally be provided with financial and non-financial benefits.
This may all sound daunting, so it is always a good idea to seek legal advice from an expert employment law solicitor before taking any steps. Any missteps in the process could lead to reduced prospects of reaching a settlement that you are satisfied with.
If you have been discriminated against, don’t hesitate to get in touch with us. Subject to a favourable assessment of the merits and depending upon the value of your claim, we may offer to represent you on a No Win No Fee basis.