‘Off the record’ discussions: What’s the scope of protection for employers?

Since 29 July 2013 employers have been able to engage in confidential, frank discussions with employees concerning exit negotiations and parting ways on mutually agreeable terms. These ‘protected conversations’ attract a degree of privilege and subject to certain exceptions, are inadmissible in unfair dismissal proceedings before an Employment Tribunal. 

Up until now we have had no case law testing the scope of the privilege given by section 111A; however, in the recent case of Faithorn Farrell Timms LLP v Bailey, the Employment Appeal Tribunal (EAT) held that the inadmissibility of settlement negotiations extends not only to the content of those negotiations but also to the simple fact that negotiations have actually taken place. 

Read the full article on our website dedicated to employment law »

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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Hannah Robbins


I am a very experienced employment lawyer and advocate in tribunal. I act on the full range of contentious and non-contentious employment issues.