What are 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.
If you have any queries regarding a Settlement Agreement or Protected Conversations, please contact our Employment Law team for a no obligation initial chat on or email info@bannerjones.co.uk.
What is a Settlement Agreement?
A Settlement Agreement (previously known as a Compromise Agreement) is a legally binding agreement that would usually include a lump sum termination payment and very often a reference. The agreements are entered into voluntarily and once you are happy with the negotiated terms and you sign it, the agreement prevents you from making any future claims against your employer. If you are presented with a Settlement Agreement you are usually given time to seek independent legal advice (ACAS recommend up to 10 days) and it is usually the case that your employer would pay for the advice you receive.
Should you need assistance in negotiating a Settlement Agreement our employment law team in Chesterfield, Sheffield and Mansfield specialise in these and we can help to negotiate the best terms on your behalf. Our team can also help employees who want to initiate discussions with their employer with the aim of obtaining and negotiating a Settlement Agreement, even where the employer has not already proposed such a settlement.
How Can Our Employment Law Solicitors Help?
If you have an employment problem, often it is something else for consideration within your case, so it is always worth contacting an employment law solicitor and finding out for certain.
Expert Employment Law Solicitors
Our expert employment law solicitors are highly experienced and will treat each case uniquely depending on your circumstances. Our employment law specialists achieve solutions through confidential settlements and are always on hand to provide support when resolving employment law problems. We have worked on many employment law cases and each individual receives the upmost care and consideration throughout the case.
At Banner Jones we can advise you on your legal rights regarding employment law, where they relate to the following:
- Unfair Dismissal and Disciplinary Proceedings
- Maternity and Paternity Rights
- Discrimination
- Redundancy
- Applications to employment tribunals
- Any other employment disputes