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Protecting conversations between employer and employee

10 August 2016

The difference between without prejudice privilege and the protection afforded by section 111A of the Employment Rights Act 1996 is significant, explains Sean Jones QC

In the perfect universe imagined by employment lawyers, line managers concerned about an employee's performance are open and honest about it. Performance improvement plans are devised, support provided, and, when efforts fail, all part company knowing that everyone gave avoiding a dismissal their very best shot. Meanwhile, in the
real world, things are messier.

Line managers frequently avoid confronting an issue
until well past the point that
the relationship can be saved.
At that point most managers (and their long-suffering HR support) fervently hope that a way can be found for the employee to 'go quietly'. They want to sit the employee down and say: 'Look, your time is...

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