Pre-termination negotiations, or “protected conversations” are discussions between an employer and an employee that can be kept confidential from the Court or Tribunal provided certain requirements are met. This is a statutory right, under s.111A Employment Rights Act 1996.

Confidentiality will only apply in respect of unfair dismissal complaints. It will also only apply where termination is being discussed, and will not therefore work for normal day to day management. Furthermore, it will not apply if there is any “improper conduct” on the part of the employer, including putting undue time pressure on the employee to agree any terms of settlement.

Further information on pre-termination negotiations or protected conversations can be found here.

If you would like to find out more about our settlement agreement service, click here.

See also settlement agreements, compromise agreements and the without prejudice rule.

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