Open Navigation

Protected Conversations

Protected Conversations

Negotiating a settlement agreement will typically take place off the record, on a “without prejudice” basis. However, the ‘without prejudice’ doctrine only applies if there is an existing dispute between the employer and employee and the discussions are a genuine attempt to resolve that existing dispute

One way around the requirement for an existing dispute is for the parties to have “a protected conversation” with a view to ending the employee’s employment. Such conversations can be protected from the eyes of an Employment Tribunal in the event of a subsequent claim if they are conducted in accordance with the provisions of s.111A of the Employment Rights Act.

A word of warning: This protection applies to claims for ordinary unfair dismissal only. Such conversations will be admissible (even if expressed to be protected under s111) in claims of discrimination, automatic unfair dismissal, unlawful detriment, or breach of contract. Protected conversations should therefore be used carefully, and not used when it comes to dealing with employees who may have potential claims aside from unfair dismissal and / or have raised grievances or complaints for unfair or bullying treatment.

For a conversation to be protected, there must not be any improper behaviour during the negotiation process, which can include harassment or putting any “undue pressure” on a party.

News

Numbers Engaged in Early Conciliation Continue to Rise

Numbers Engaged in Early Conciliation Continue to Rise

ACAS, the statutory conciliation service, has reported a 21% increase in the number of Early Conciliation notifications it received in 2018/19. Making an Early Conciliation notification is the first step a potential claimant must take if they intend on issuing certain claims against their employer. Once the Early Conciliation notification has been made, ACAS will…

Read More

MyGMPD

We are delighted to partner with MyGMPD as Subject Matter Experts to provide professional development training and content to Global Mobility specialists across a range of industries and companies. Launched in 2019, MyGMPD aims to provide a professional development programme to improve skills and specialist Global Mobility knowledge leading to accreditation and recognition. Our specialist…

Read More

BritishAmerican Business Publication Launch

As part of our close collaboration with BritishAmerican Business (BAB) we have been working with them this Summer on their Trade and Investment Guide to the UK. With so much political uncertainty in the UK leading up to the 31st October Brexit deadline and the potential for a future trade deal with the US under…

Read More