The Negotiation Tactics Employers Use at Unfair Dismissal Conciliations
Conciliation is where most unfair dismissal cases are resolved—and that’s no coincidence. It’s a confidential, low-pressure environment designed to help employees and employers reach a mutually agreed outcome without the time, cost, and stress of a formal Commission hearing.
But while the format may seem relaxed, the strategy behind the scenes is anything but. Employers and their representatives often come to the table with a playbook—using calculated negotiation techniques aimed at securing the lowest possible settlement or pushing you to walk away.
Here are the most common tactics to be aware of during your conciliation—and how to recognise them before they influence your decision.
“This is our final offer” — but is it really?
Presenting an offer as ‘final’ is one of the most common and misleading tactics. Employers know that employees—especially unrepresented ones—may feel cornered by a ticking clock or legal jargon. Calling an offer “final” creates pressure and tries to shut down further negotiation. But in reality, very few offers are truly final until both parties walk away. In many cases, offers improve—sometimes significantly—after further discussion or pushback.
The use of legal language to intimidate
Employer representatives may lean heavily on legal terminology, citing jurisdictional arguments, prior case law, or asserting that your claim is “technically weak.” This is often not a legal assessment—it’s a psychological tactic to shake your confidence and make you feel that any offer is better than risking it all.
Undermining your confidence through selective facts
It’s not unusual for an employer to focus on disputed or exaggerated facts—highlighting one bad day at work or a miscommunication—and use that as justification for your dismissal. This narrative can be framed early in the conference to create the impression that you’re at fault. Sometimes this tactic is used even when the employer previously gave no formal warnings or failed to follow fair procedures. Don’t lose sight of the bigger picture: the Commission will consider whether your dismissal was harsh, unjust or unreasonable—not whether your performance was perfect.
Aggressive opening positions
Some employer reps begin with an aggressive tone—challenging your eligibility, raising procedural objections, or even implying you’re acting in bad faith. This can be unsettling and is often intended to unbalance you before any genuine negotiation begins. Keep calm and focused. You don’t have to respond emotionally or accept the framing presented. Let the conciliator guide the discussion back to what matters.
Implying the claim is worthless
Another tactic involves telling the employee—directly or indirectly—that their claim has no merit and won’t go anywhere. If that were true, the employer likely wouldn’t have engaged in the conference at all. This messaging is often used to justify a low settlement offer or make you question whether it's worth pursuing the case. The truth? Many unfair dismissal claims are settled because the employer knows there are risks involved in defending poor processes.
Threats of cost orders or counter-claims
In some cases, employers suggest they might seek costs or bring a counter-application if you proceed. While the Commission does have limited power to award costs in exceptional circumstances, this is rare and usually only applies where a claim is completely baseless or vexatious. These threats often have little legal weight but are used to rattle the applicant.
Delaying tactics and “stalling out the clock”
Some employers avoid making any meaningful offer early in the conference, hoping you’ll become frustrated or fatigued and accept a lowball offer just to resolve the matter. Others may drag out the process, knowing that the further things go, the more worn down an unrepresented employee might feel. Patience and persistence are your best assets in response.
“You don’t need representation” (when you clearly do)
Some employers go as far as to actively discourage the employee from seeking help. They may say representation will delay things, complicate matters, or eat into any settlement. The reality is that employers almost always have legal or HR representation—and they know the power imbalance that creates. An experienced representative can spot bad faith tactics early and level the playing field.
Takeaway for employees
Conciliation is a powerful opportunity to resolve your case and move on with dignity—but you need to recognise that negotiation is part strategy, part psychology. Being aware of these tactics gives you a stronger footing.
And if you’re unsure whether what you’re being told is reasonable or legitimate, don’t go it alone. A representative who understands the system can help you cut through the noise, protect your rights, and push for a fair and practical outcome.
