Settling cases with multiple parties

Most employment cases involve one claimant and one respondent. But many involve more – multiple claimants, multiple respondents or both.

There are many ways in which this makes things more complicated. One area to be particularly careful of is settlement. It is important to make sure that you understand precisely what you are doing, and that everyone else does too.

Sometimes, one Respondent will want to settle the whole case. In other words, make a deal that covers him, and everyone else. In other cases, a Respondent will settle on the basis that you withdraw against her, but continue against the other Respondents. Sometimes, the Respondents will collectively agree to settle, with everyone being a party to the agreement.

Similarly, where there are multiple Claimants, a Respondent may offer settlement, but only if both Claimants agree. After all, the main point to settling for a Respondent tends to be the opportunity to get rid of the case. Settlement with one of two parties, is therefore much less attractive than settling with both.

All sorts of combinations and deals are possible. So what you want to do will depend on your circumstances. The important thing is to make sure that you, and everyone else, understands what is on the table. And that the written agreement accurately reflect your final deal.

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