Published by: Heather Cowley

Protected Conversations – a useful tool to limit risks in respect of employee exits?

Following the Supreme Court’s ruling that the employment tribunal fee regime was unlawful, a rise in the number of claims or complaints made by employees is likely.

As a result, employers will wish to reduce the risk of claims when addressing problems with employees. In many cases an employer will look to:-

1. conduct pre-termination negotiations with an employee; and

2. make a payment to an employee in return for a waiver of claims.

The “protected conversation provisions” provide that evidence relating to pre-termination negotiations and the fact they have taken place will be inadmissible in ordinary unfair dismissal proceedings (but not automatic unfair dismissal proceedings – click read more) if key requirements are met.

We have used the “protected conversation provisions” to good effect on behalf of our employer clients and obtained favourable results in response to challenging more.