Do we have to go to court in order to get a settlement agreed?
You are not required to get a settlement approved by the court, unless you do get a consent order either of you will be able to change your minds. To get a clean break you are required to have a court order.
If we agree on a settlement outside of court is there any way in which we can prevent the employee from coming back to make another claim?
Yes if you reach a settlement through ACAS you are able to go for a legally binding agreement which states that neither side are able to come back later for a second bite of the cherry.
The other option is for you to get a settlement agreement under which the employee waives his or hers statutory rights in return for an agreed settlement which they have received independent legal advice. If an employee was to accept such a settlement it would make it impossible for them to return for another go.
Settlement agreements have to be drafted carefully as various legal decisions on the effectiveness or scope of a particular settlement agreement have in the past gone against employees based on the precise wording in the agreement.
Is it best to settle a claim outside of court or is it worth fighting in court?
It makes more sense to settle a claim outside of the courts, in reasonable terms. You should consider fighting for a case if:
- The party is plainly in the wrong but can’t be brought to see it
- There are mitigating circumstances which are more than likely to have a big effect on any award you may have to pay
- You believe a settlement would send the wrong message to other employees and possibly give rise to more trouble in the future
Our employees are all in their early twenties if we employ someone in their sixties they would be out of place. Do we have to hire someone of this age?
If you interview someone in their sixties and they turn out to be as good or even better than your current employees in their twenties you should not let their age be a determining factor as to whether you hire them or not. Since October 2006 it has been unlawful to reject anyone for an interview based on their age. There is not a lot employers can do to control the age of their workforce therefore you would potentially have to recruit someone in their sixties even if you have a younger workforce.