Q&A Should we let employee take us to a Tribunal, or should we just settle now?

Q:      We are a small family-run manufacturing business. Recently we have had an issue with an employee who regularly fails to attend work after a ‘heavy’ weekend in the pub but always claims to be suffering a migraine. We have gone through the formal disciplinary procedure to no avail and now need to dismiss him. However, we suspect that he will try and take us to a tribunal.

This happened to us once before and that particular employee went to ACAS, who took so long to start the Early Conciliation process and inform us of a pending tribunal hearing that the EC window closed before any meaningful discussions could take place. Should we just offer this employee a settlement now, as we can ill-afford a lengthy tribunal hearing?

A:       It would seem that you might be unaware of recent changes to the Early Conciliation (EC) process. Prior to 1^st December 2025, the maximum EC period was six weeks. For claims notified to ACAS on or after that date, the period increased to 12 weeks. The change was introduced, at least in part, to ease pressure on ACAS following an increase in demand for Early Conciliation and the growing complexity of employment disputes. It appears that, in your previous case, ACAS were unable to engage with the parties in sufficient time for any meaningful negotiations to take place before the EC period came to an end.

Whether entering into settlement negotiations would be the appropriate next step will depend on a number of factors, including the fairness and reasonableness of the disciplinary process you have followed, the strength of any potential claims and the costs of defending proceedings. An employment law specialist will be able to advise on the merits of your position and whether seeking an early settlement or defending any subsequent claim would be the more appropriate course of action.

This question has been answered by James Denton, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194