Protected Conversations And Admissibility As Evidence

It is commonplace for employers to enter into settlement negotiations with their employees prior to termination of their employment. Where there is a genuine dispute at the heart of the negotiations, it is well established that these discussions will usually be covered by without prejudice privilege. If settlement can't be reached, whilst the detail of the negotiations will be inadmissible in a Court or Tribunal, the fact of the negotiations themselves will be disclosable (if the parties so wish).

Since 29 July 2013, it has been possible for an employer and an employee to have a 'protected conversation' about ending the employment relationship in cases where there is no existing dispute between them. The protected conversation should not then be referred to in relation to any subsequent unfair dismissal claim – although the extent to which this is the case has, before now, been unclear. This is a useful tool for employers who might want to exit an employee with whom