It makes sense to settle out of court if you can do so on reasonable terms. But you should certainly consider fighting if:
- The other party is plainly in the wrong, but cannot be brought to see it
- There are mitigating circumstances which are likely to have a big effect on any award you might have to pay
- You believe a settlement would send the wrong message to other employees, and give rise to more trouble in the future
It is mandatory for all cases to go through Early Conciliation with Acas, before they can proceed to a tribunal.
Take legal advice.
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