Protected Conversations: A Reminder That “Off the Record” Does Not Always Mean Protected
The recent Employment Appeal Tribunal (EAT) decision in Tarbuc v Martello Piling Ltd provides an important reminder for employers that simply labelling a meeting as a “section 111A protected conversation” does not automatically make it off the record.
Section 111A of the Employment Rights Act 1996 allows employers and employees to have confidential pre-termination discussions, usually regarding the possibility of ending employment under a settlement agreement. However, that protection is limited and can be lost in certain circumstances.