search.noResults

search.searching

dataCollection.invalidEmail
note.createNoteMessage

search.noResults

search.searching

orderForm.title

orderForm.productCode
orderForm.description
orderForm.quantity
orderForm.itemPrice
orderForm.price
orderForm.totalPrice
orderForm.deliveryDetails.billingAddress
orderForm.deliveryDetails.deliveryAddress
orderForm.noItems
Wilson Browne Solicitors


Off-the-record conversations and what they mean


It’s a sad fact that in today’s economy and in the time of COVID, people are losing their jobs. T ese delicate situations need handling carefully so it’s often a case


of testing the water, and the employer may have an off -the-record conversation with an employee.


What is an off-the-record conversation? An off -the-record conversation is a conversation that takes place between an employee and employer, usually to discuss an exit package without any admission of liability: these can also be referred to as without prejudice or protected conversations. Generally, the employer will inform the employee that if they are


not interested in exploring an exit package at that time, the employer will continue with a formal process such as a redundancy process or a performance process.


Why is the conversation and letter off-the-record or without prejudice? T e conversation will occur on an off -the-record or without prejudice basis so as not to be admissible in a potential unfair dismissal claim that the employee may have. However, these conversations still need some careful handling as


there are circumstances when the conversation can be referred to in a subsequent claim. For example, an off -the-record conversation could be referred to in a discrimination claim.


What is a section 111A letter? A section 111A letter is a letter some employers might issue their employee setting out what the key points they have discussed and off ered during the off -the- record conversation. Generally, the letter will set out what package the employer is prepared to off er and the way in which they propose to execute the off er. T e letter will usually state that the exit package is


subject to the employee and the employer signing a settlement agreement. It may also give a timeframe for the employee to consider the exit package option and let the employer know if they would like to take this further.


Can the employee tell anyone about the off-the-record conversation? It should be made clear that employees should not disclose the discussion with their colleagues but that


ALL THINGS BUSINESS 67


Jennie Jahina Head of


Employment Law at Wilson Browne Solicitors


they can speak with their legal adviser about these conversations. It is usually the case that employees are allowed also to discuss the matter with their immediate family provided they, in turn, agree not to disclose it to others.


Following on from the off-the-record conversation what are the next steps? If the employee is happy, in principle, to explore further the exit package the employer is off ering they will then be issued with a settlement agreement. –


Further details at www.wilsonbrowne.co.uk/settlementagreements


What if I the employee is not happy with the offer? The employee may attempt to negotiate an improved offer with the employer at this time. Alternatively, the employee may prefer to leave negotiation until they receive the settlement agreement. It is possible for either side to withdraw from the


off er at any time before a settlement agreement has been taken to an adviser and signed by both the employee and the employer.


What can Wilson Browne Solicitors do for you? We’re here to help. We are known for a professional but down-to-earth and friendly approach. We’re normal people just like you, and understand the worry and upset you’re probably going through. We off er a free initial call, so you can tell us about


your situation and we can do our best to put your mind at rest. T ere’s no obligation to instruct at a later date.


Contact Jennie Jahina at Wilson Browne Solicitors on 0800 088 6004 or visit www.wilsonbrowne.co.uk


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76  |  Page 77  |  Page 78  |  Page 79  |  Page 80  |  Page 81  |  Page 82  |  Page 83  |  Page 84