It can be funny when you see the reaction of an employee who has been brimming with confidence when the submission of the employer lands in my email inbox.
The employee immediately panics and wants me to look for a deal.
Many employees fail to recognise that in every dispute or conflict you will have different perspectives, different versions of events. And an adjudicator may well be facing a conflict of evidence and a difficult decision and the heretofore rock solid case doesn’t look so strong.
There is no need to panic, but the employee does need to be realistic and recognise that there are always at least two versions of events.
And the certainty of a settlement deal by comparison with the uncertainty and stress of a WRC hearing, evidence, cross examination and so forth needs to be appreciated.
One of these outcomes gives certainty; one is necessarily uncertain.
You should not settle every time, but you do need to put a value on certainty and the bird in the hand.