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ARTICLE · 03 NOVEMBER 2026

Why The Process Matters As Much As The Words In Protected Conversations

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For many employers, a ‘protected conversation’ feels like a safe way to raise a difficult subject. It allows an employer to propose, off the record, that an employee leaves the business on agreed terms, usually through a settlement agreement, without that discussion being used as evidence if the employee later brings an unfair dismissal claim.

United KingdomEmployment and HR
Michelle Bruce
Michelle Bruce
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For many employers, a ‘protected conversation’ feels like a safe way to raise a difficult subject. It allows an employer to propose, off the record, that an employee leaves the business on agreed terms, usually through a settlement agreement, without that discussion being used as evidence if the employee later brings an unfair dismissal claim. The protection comes from section 111A of the Employment Rights Act 1996, and used properly it can be a genuinely helpful tool. A recent Employment Appeal Tribunal (EAT) decision, Tarbuc v Martello Piling Ltd, is a reminder that this protection is narrower, and more conditional, than many employers assume, and that the way a conversation is set up matters as much as what is said in it.

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