Let’s talk frankly before you do, because nobody should be in the position of enlisting employment tribunal representation unaware.
An employment tribunal for unfair treatment or a monetary disagreement is a primarily legal process, but it impacts livelihoods, reputations, and peace of mind.
This is why understanding the realistic chances of winning can sway how you choose to proceed.
Do Workplace Disputes Always End Up in an Employment Tribunal?
Perhaps surprisingly, the overwhelming majority of claims never even reach a hearing, for the following reasons:
- Issues are resolved before they escalate further
- Issues are resolved through ACAS Early Conciliation - a mandatory first step before any claim can be filed
- Issues are resolved via settlement agreement negotiations facilitated by appointed legal representation
- Issues aren’t resolved, but claims are withdrawn
And what about the small percentage who appoint a professional employment tribunal service for representation and go all the way to the final hearing?
Claimants win roughly 44% of the time, which isn’t nothing, but it's also not a coin flip to walk into unprepared.
How Likely Are You to Win an Employment Tribunal for Unfair Treatment?
The question of success or failure is on a case-by-case basis. So, winning or losing depends entirely on what kind of claim you're bringing and the strength of your case.
But here’s an idea of typical success rates:
- Employment tribunal for unpaid wages claims - Strong hearing success rates, because the evidence is black and white. You were either paid correctly, or you weren’t.
- Employment tribunal for unfair dismissal claims – Almost half succeed at hearing, hinging on whether your employer followed a fair, lawful process.
- Employment tribunal for discrimination and whistleblowing claims - These are the hardest to prove at a hearing, because they rely on inferring motive rather than clear-cut fact. As a result, success rates are notably lower, albeit these claims are most likely to settle before ever reaching a courtroom.
Ultimately, the more objective your evidence, the stronger your position.
What Influences the Odds of Winning an Employment Tribunal?
Your odds improve dramatically with these three factors:
- Solid documentary evidence - Any employment tribunal for unfair treatment is won on paper trails rather than gut feeling, e.g. emails, contracts, witness statements.
- Prompt action - You generally have three months minus a day from the incident to start early conciliation. Otherwise, your claim might be invalid before you get it off the ground if you miss the window.
- Realistic expectations - Fair settlement agreement negotiations can be a wiser, faster, less stressful outcome than drawn-out litigation.
So, let’s take a close look at the final point.
Employment Tribunal vs Settlement Agreement Negotiation?
To be clear, full hearing wins are the minority outcome.
Most disputes are resolved through settlement agreement negotiations, not legal judgement, and this isn’t a failure. In fact, it's often the better result, due to:
- Guaranteed, confidential payout in weeks
- No stressful, public process that could take anything from one to five years to be heard, depending on the complexity of your case
- No guarantee of recovering your legal costs, even if you win
On the other hand, it can absolutely be worth going to an employment tribunal for unfair treatment, dismissal or unpaid wages in the following cases:
- You've got strong evidence to justify the time, effort and stress involved
- You've exhausted internal routes first
- Settlement agreement negotiations don’t work, and you’ve reached an impasse
But always, the odds are tipped in your favour when you go in with your eyes open and with expert employment tribunal representation from the outset.
Find Out Where You Stand
At Taurus HR & Employment Law, we offer straight-talking, no-nonsense support, including settlement agreement negotiations, a full employment tribunal service, plus outsourced HR and legal partnership for both businesses and individual professionals.
Get in touch if you’re wondering where you stand in terms of a potential employment tribunal for unfair treatment, dismissal or unpaid wages.