Checklist on settling claims and how to approach settlement discussions

Purpose

• Will the claim be settled via an ACAS conciliation officer or a compromise agreement? ACAS may help if a claim has already been brought in an employment tribunal.
• If a compromise agreement is to be used, have full factual as well as legal details of the claim being settled and all other potential claims been set out clearly?
• Do you understand the very strict requirements necessary for the agreement to be enforceable and to compromise all of the claims you want? Careful drafting is required and a good up-to-date precedent should be used. Take legal advice.
• If you are terminating and paying in lieu of notice, is there a clause in the employment contract allowing this? If not, the termination and payment in lieu will be in breach of contract…