S.14 of the Regulatory Reform Act 2013 inserted a new S.111A into the Employment Rights Act 1996, which provided that evidence of pre termination discussions were inadmissible in subsequent tribunal proceedings.
This means it is possible for employers and employees to have informal “off the record” discussions which might lead to employment contracts coming to an end by consent. The terms of any agreement would then be recorded in a Settlement Agreement.
There are some exceptions to this rule and the protection will not apply:
a) To discrimination claims
b) If the reason for termination would have been automatically unfair (e.g. discrimination)
c) If the employer behaves improperly i.e. is bullying, makes threats, or places the employee under undue pressure.
We are specialists in advising employers and employees on the issues arising from pre termination conversations and the preparation of or advice on Settlement Agreements (previously known as Compromise Agreements).