Can my employer start a protected conversation while I’m off sick?

As at November 2025 – UK only. General information, not legal advice.

Yes, your employer can ask for a protected conversation while you are off sick, but they must handle it carefully. The discussion should be voluntary, not pressured, and should not be used to sidestep sickness procedures or discrimination protections.

What this means for you 

A protected conversation is an off-the-record discussion about ending employment on agreed terms, often via a settlement agreement. Being off sick does not automatically prevent such a conversation, but your employer still has duties around fairness, reasonable adjustments and avoiding improper behaviour.

When it may be reasonable 

It can be reasonable to explore a settlement while you are on sick leave if, for example, long-term health issues affect your ability to return to your role and both sides want to discuss options. You should be given time to think, the chance to take advice and the option to say no.

Risks and ‘improper behaviour’ 

Protection for these conversations can be lost if there is improper behaviour. Examples include pressuring you to agree quickly, making threats about your sick pay or dismissal, or ignoring potential disability discrimination issues. If you feel pushed, that is a warning sign to raise with your adviser.

Practical points if you are off sick 

If your employer suggests a protected conversation while you are off sick, you can:

• Ask for the purpose of the meeting in writing. 
• Request that the discussion happens at a time and in a way you can manage (for example, by phone or video). 
• Take someone with you, if this helps you feel supported. 
• Ask for time afterwards to consider any settlement offer and get legal advice.

Example scenario 

You are signed off with work-related stress. Your employer suggests a protected conversation to explore an agreed exit. You agree to a video meeting, ask for your union rep to be present and later take legal advice on the draft settlement agreement before deciding whether to accept or negotiate.

What to do next 

If you are invited to a protected conversation while off sick, do not feel obliged to decide on the spot. Ask for details in writing, involve a representative if you have one and seek independent legal advice. If you feel the timing or approach is unfair, raise this with your adviser promptly.

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At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via  hello@kilgannonlaw.co.uk or  0800 915 7777.

Disclaimer 

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.  This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

12.11.25