Handling employment tribunal claims

Alternative ways of resolving employment disputes

Employment disputes may be heard by employment tribunals but they can also be resolved by mediation, conciliation, arbitration or other alternative dispute resolution methods.

Acas conciliation

If someone has a complaint that they could take to an employment tribunal, an Acas conciliator tries to help the parties resolve the matter. The conciliation process is voluntary and free and can lead to the claimant withdrawing the claim or the parties reaching a mutually agreeable, legally binding settlement.

Benefits of Acas conciliation include:

• confidentiality
• an outcome agreed by both parties
• a cheaper and quicker resolution than a tribunal

See the page in this guide on Acas conciliation.

Acas arbitration

Individual arbitration through Acas involves an independent arbitrator hearing a case and deciding in favour of one party. It is only available for claims about unfair dismissal or flexible working and is a legally binding alternative to an employment tribunal hearing. Arbitration is a voluntary process, available where both parties agree to sign up to the scheme.

Benefits of Acas arbitration include:

• a speedy, private, informal hearing
• no cross-examination
• limited grounds for review of the arbitrator's decision

Mediation

With mediation, an independent adviser suggests ways for the disputing sides to reach voluntary agreement. Recommendations can involve minuses and pluses for both sides. Unless the parties then sign a compromise agreement, these are not normally legally binding.

Benefits of mediation include:

• confidentiality
• an outcome agreed by both parties
• a cheaper and quicker agreement than a tribunal

Compromise agreement

This involves a legally binding alternative to an Acas settlement that offers the employee compensation in exchange for not bringing, or for withdrawing, a tribunal claim. The employee must receive advice from a relevant independent adviser before signing. It is similar to settlement through Acas, but the advisers will charge, and the agreement can only be used to settle the immediate complaint.

Benefits of a compromise agreement include:

• a speedy, private, informal resolution
• a cheaper and quicker agreement than a tribunal

Providers of Alternative Dispute Resolution (ADR) services

Besides Acas, many legal and professional organisations can help you solve disputes in the workplace, mainly through mediation and/or compromise agreements.

Subjects covered in this guide

• Introduction
• What happens after an employment tribunal receives a claim
• Alternative ways of resolving employment disputes
• Acas conciliation
• Preparing for a tribunal case
• Tribunal procedure - hearings before/after the main hearing
• Tribunal procedure - the main hearing
• Possible outcomes from tribunal cases
• Challenging a tribunal judgement

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