Protected conversations, or "pre-termination
negotiations" as they are referred to in law, were introduced
in 2013 to give employers and employees a chance to explore an
agreed termination of employment without evidence of those
discussions being used in a later tribunal claim. However, there
are various exceptions to the normal principle of inadmissibility,
notably in relation to automatic unfair dismissal and
discrimination claims, or if there has been improper behaviour. In
Harrison v Aryman Ltd the EAT had to explore how far a
tribunal has to go in considering whether exceptions to the general
principle apply.
The employee resigned in July 2017, claiming unfair constructive
dismissal and sex and pregnancy and maternity discrimination. Her
claim referred specifically to a letter in August 2016, headed a
"confidential settlement proposal", which she said
indicated an intention to bring her employment to an end. The
employer argued that she was not entitled to rely
