In Stolk v Hunts Foodservice Ltd and another, an employment tribunal awarded the claimant £11,028 after finding that pre-termination negotiations were admissible as evidence of pregnancy and maternity discrimination.
We are joined by Nick Chronias, partner at DAC Beachcroft LLP, to discuss how to negotiate a successful settlement agreement, from the initial conversation with an employee to termination.
Consultant editor Darren Newman argues that any curbing of the abuse of confidentiality clauses needs to be done without detracting from their value in resolving disputes.
Protected conversations can be a good way to agree mutually acceptable exit terms - attractive to employers and employees alike - while protecting your business. Darren Newman, an employment lawyer with more than 20 years' experience, takes you through what you need to do to negotiate successfully.
Practical guidance on conducting pre-termination negotiations, including the rules on protected conversations under s.111A of the Employment Rights Act 1996 and the without prejudice principle; and how to initiate a conversation with an employee about a possible settlement agreement, while minimising the risk of an unfair dismissal.