Performance Management And Exit Conversations In Irish Employment Law

Introduction

Addressing capability issues and manging performance in the workplace, whilst protecting the employer organisation from legal liability, takes time and lots of patience. Our RDJ LLP Employment Team is regularly requested to advise on the legality of "off the record" or "without prejudice" conversations with employees before, or during, a performance management process, in an effort to move things along and avoid a more lengthy and stressful process for all involved.

Protected Conversations

However, the legal position in Ireland is that we do not have the statutory equivalent of the UK "protected conversation", whereby section 111A of the ERA 1996 provides that offers to end the employment relationship on agreed terms (i.e. under a settlement agreement) can be made on a confidential basis, meaning that they cannot be used as evidence in an unfair dismissal claim to an employment tribunal. Under section 111A, such pre-termination negotiations can