Protected Settlement Discussions
Our team in Chesterfield, Sheffield and Mansfield specialise in Protected Settlement Discussions.
Protected Settlement Discussions’ or ‘Protected Conversations’ effectively allow you and your employer to have an ‘off the record’ discussion regarding the termination of your employment. These conversations are entered into voluntarily and are classed as ‘protected’ because they are confidential and cannot therefore be used as part of any subsequent Employment Tribunal claim.
Protected Conversations are an extension to the ‘Without Prejudice’ rule, with the main difference being that a Without Prejudice discussion can only become protected where there is evidence of a dispute at the time of the conversation, whereas Protected Conversations can take place when there is no dispute or where there maybe a possible unfair dismissal claim, meaning that they often get used for terminations based on conduct or capability.
Under section 111A of the Employment Rights Act 1996 you can get your employer’s protection over-ruled where you can prove that any improper behaviour or conduct took place during the conversations, such as harassment, bullying or discrimination. If you are concerned about how your Protected Conversation has been handled we can help.
One of the main benefits to Protected Conversations is that they allow you to negotiate a termination package without having to go to Court and the terms will be finalised in a Settlement Agreement.
Watch the video below to see our employment expert, Katie Ash, explaining and answering some questions about what exactly a Settlement Agreement is.
Video originally featured here.
If you have any queries regarding a Settlement Agreement or Protected Conversations, please contact our Employment Law team for a free initial chat on firstname.lastname@example.org.* or
*calls cost no more than a local 01 number and are included in your mobile minutes.
Download Banner Jones Employment Assist PDF
Think you know employment law? We've created an employment law quiz to help you test your knowledge on the law around unfair dismissal. See if you can guess whether each case resulted in a successful ruling of unfair dismissal!
Being told that your job is at risk of being made redundant is a devastating blow for anyone. Redundancy can have a significant financial impact on you and your family. This guide will give some useful action points that can help you understand your rights when facing redundancy and steps you can take to try and find other employment.