How to Protect Yourself During Pre-Termination Negotiations

Our guest blogger this month, Katherine Sadler-Smith, Training & Know-How Lawyer at Osborne Clarke, explains what the new legislation surrounding confidential termination negotiations means, and how you can ensure that your pre-termination discussions are protected.

Following a consultation exercise in Autumn 2012, the Department for Business Innovation & Skills (BIS) introduced legislation which, from this Summer, will enable employers and employees to engage in confidential settlement negotiations before termination of employment.  As a consequence, both parties should be able to negotiate freely without fear that the anything discussed (such as the value of offers made but declined) may be raised in any subsequent 'ordinary' unfair dismissal claim at an employment tribunal.  Previously, this type of legal privilege only extended to “without prejudice” discussions taking place after a dispute had already arisen.

Sounds good, but what's the catch?

Welcome to our new website!

I'd like to formally welcome you to the new Sanderson blog, part of a major investment into our brand and web identity to ensure our digital character reflects our position as a business.

Having been in operation since 1975, and as one of the most financially strong and longest-established IT recruitment businesses in the UK today, the temptation exists to sit back, relax and postpone investment indefinitely....