What are the alternatives to using a Settlement Agreement?

If the employee has not filed a claim against the employer and a settlement agreement is not agreed then the employer may be content to run the risk of having a claim filed against them. (The level of risk of which will depend on all the circumstances.)

If the employee or worker has already filed a claim against the employer then the options are to take the claim through the tribunal process to hearing and (potentially ­ if the employee is successful) remedy; to mediate; or to agree a COT3 (generally a less detailed settlement agreement arranged through the conciliation service ACAS).