Definition
The conciliation hearing is the first mandatory hearing in any labour court proceedings. It takes place before the judge alone – without lay judges – and is intended to bring about a settlement between the parties. The judge may put forward a specific settlement proposal. The majority of unfair dismissal cases are settled at this stage – often with a severance payment. If no agreement is reached, a further hearing is scheduled before the full court.
Specialist solicitor in employment law
Over 15 years’ experience in employment law
Classification under employment law
Every unfair dismissal case begins with a conciliation hearing – an informal settlement hearing that usually takes place 2–6 weeks after the claim is filed. This is where most cases are settled.
Distinction from related terms
Preliminary hearing: The conciliation hearing serves to reach a swift agreement and takes place at the start of the proceedings. The main hearing follows later and involves an in-depth legal examination by the court.
Settlement: The aim of the conciliation hearing is often to reach a settlement between the parties. The settlement is the result of the agreement, not the proceedings themselves.
Practical tip
Settlement negotiations offer your best chance of reaching an agreement. Employers are often most willing to compromise at this stage because they want to avoid the hassle of going to court. Work with your solicitor to set a clear negotiation objective and a bottom line.
