Did I say it was mandatory? No, I didn't, I said it was one of the
things to be taken into account in deciding whether or not to settle
the case, balanced against the cost of giving the guy some 'bugger
off' money.

No I was simply pointing out the fact without comment. BTW I still can't
believe that anyone would be stupid enough to litigate such a trivial
matter. Just the compensation culture gone even more crazy than usual.