Let's Be Frank.....The Truth About Protected Conversations

Imagine the following situation.....you have a long standing employee with a below average performance record (although shockingly no formal procedure has been started) and they have no disciplinary record but are as irritating as a leg full of mosquito bites. Wouldn't it be great if you could tell them outright that it is not working out and that you want to discuss the terms upon which they would agree to leave? This is the intention behind the Enterprise and Regulatory Reform Bill (the "Bill").

At present, there is a risk associated with discussing departure terms with an employee as you will not be covered by the "without prejudice" rule unless there is an existing dispute. Such a discussion could fuel bullying allegations or be used as evidence in an unfair dismissal claim.