Protected Conversation

What is Protected Conversation?


A ‘protected conversation’ under s.111A of the Employment Rights Act 1996 is a method for an ‘off-record’ discussion where both the employer and employee can speak freely without the contents of the discussion being used in evidence against one another in an unfair dismissal claim. It is typically used where the without prejudice principle would not apply.  

The aim of a protected conversation is usually to agree a mutual separation of the employment relationship via a settlement agreement

A protected conversation does not apply to any claim which relates to an automatic unfair dismissal, wrongful dismissal or discrimination or other claims under the Equality Act 2010.

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