Sickness absence and sick pay - a guide for trade unions and working people (December 2018)

Chapter 7

Protected conversations

[ch 7: page 108]

In 2013, the law changed to introduce a new legal concept, often called a “protected conversation” (section 111A, Employment Rights Act 1996). The new rules are designed to help employers to have conversations with employees about ending their employment without risking an unfair dismissal claim. The “protected conversation” regime applies only to ordinary (not automatic) unfair dismissals, and to no other kinds of tribunal claim. There is a statutory Acas Code of Practice: Settlement Agreements under section 111A of the Employment Rights Act 1996.


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