Improper behaviour 





Examples of improper behaviour under the Acas Code (section 111A) removing the "protected" status of the conversation include:




• harassment, bullying, threats, intimidation;





• discrimination and victimisation;





• putting undue pressure on an employee to accept an offer, for example:





◊ not allowing a reasonable time (usually 10 calendar days) to consider the offer and get independent legal advice;





◊ saying at the start of negotiations that if a settlement proposal is rejected the employee will be dismissed;





• by the employee, for example, threatening to undermine the employer’s reputation.





Improper behaviour does not include a party setting out in a “neutral manner” the reasons behind the proposed settlement agreement, or factually stating what is likely to happen if no settlement is achieved, including the possibility of starting a disciplinary process.



Setting a too short time scale for acceptance of the offer (just five days) and exaggerating the seriousness of disciplinary allegations were both examples of "improper behaviour" in the case of Lenlyn UK Limited v Kular [2016] UKEAT/0108/16/DM.


The protected conversation regime does not apply in Northern Ireland.