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PRE-TERMINATION NEGOTIATIONS: Settlement discussions stay off the record

07 September 2016  

The EAT has delivered its first decision on the rules making conversations about ending an employment relationship inadmissible in tribunal proceedings. Phil Allen investigates

It has always been difficult for employers and employees to raise the possibility of an agreed exit from employment in a way which the other party cannot later use against them. Since 2013, s111A of the Employment Rights Act 1996 has meant that evidence of pre-termination negotiations is inadmissible in unfair dismissal claims. Faithorn Farrell Timms LLP v Bailey [2016] is the first appeal decision on this issue. This article looks at the judgment and what it means in practice.


Additional Info

  • Case(s) Referenced:

    BNP Paribas v Mezzotero [2004] IRLR 508

    Faithorn Farrell Timms LLP v Bailey [2016] UKEAT/0025/16

    Woodward v Santander UK Plc [2010] IRLR 834

Last modified on 07 September 2016