What is a protected conversation
In the context of UK employment law, a protected conversation refers to a type of conversation between an employer and an employee, usually where an employer will make a proposal to terminate the employee’s employment in return for payment under a settlement agreement.
The purpose of a protected conversation is to allow employers to have open and frank discussions about ending the employment relationship without the risk of the conversation being used against them in an unfair dismissal claim.
These conversations are known as “protected” because the content of the conversation ordinarily cannot be used as evidence in an employment tribunal or other legal proceedings. However, it’s important to note that there are some exceptions to this protection, such as claims related to discrimination.
Protected conversations were introduced to encourage settlement discussions in a more informal and less adversarial manner, protecting both parties’ interests. The legislation which deals with protected conversations is section 111A of the Employment Rights Act 1996 and this section will often be quoted by the employer in correspondence with the employer.
Employers will often offer exit terms under a settlement agreement following a protected conversation.
If you are approached for a protected conversation, listen to what your employee has to say. Do not agree to anything offered or make any admissions in relation to your conduct or performance. Employers will often make veiled threats about conduct or performance in any attempt to show settlement terms as better option for the employee.
It’s worth mentioning that while the content of a protected conversation may be inadmissible as evidence in an employment tribunal, employers have to be very careful not to threaten employees during such meetings, as this can result in the conversation no longer being protected.
If you need advice before or after a protected conversation or in relation to the terms of a settlement agreement offered to you, please call David now on 0203 603 2177 or Click To Make Your Online Enquiry.
Common Questions Answered
Why do I need a lawyer to review my settlement agreement?
UK law requires independent legal advice to be taken before a settlement agreement can become legally binding. Without it, the agreement is unenforceable. An experienced employment lawyer will ensure you understand every clause and that your interests are fully protected.
How much does it cost to get a settlement agreement reviewed?
Your employer will usually pay for you to get independent legal advice on the terms and effect of your agreement. This is standard practice and is typically written into the agreement itself as a contribution towards your legal costs.
Can my settlement agreement be improved?
Often, yes. David regularly negotiates for increases in value, better exit terms and stronger protections for his settlement agreement clients. Even where an employer presents a figure as “final”, there is frequently room to negotiate.
How long does the process take?
With David, many clients get to sign-off in a matter of days if all they need is advice and sign-off. On urgent agreements David provides a same-day service, so a tight deadline is never a barrier to getting the right advice.
