Confidential Pre-Negotiations

The commencement date for Confidential Pre-termination negotiations as detailed in S14 of Vince Cables Enterprise and Regulatory Reform Act 2013 was confirmed this week as the 29th July 2013.

This new legislation brings into force the concept of “protected conversations” whereby an employer can have a discussion with an employee about the termination of their employment under agreed terms within a “Settlement Agreement” without a prior dispute being required. Such conversations will be protected and hence not disclosable in an Employment Tribunal should an employee bring a claim.

However, the legislation will be limited and only apply to unfair dismissal claims. Automatic unfair and discrimination cases will not be covered under this new rule per se.

 and Acas have recently updated their Code of Practice on Using Settlement Agreements to cover the new rules.

If you have been offered a Settlement Agreement by your Employer and need advice please contact our expert employment law team at Astons Solicitors. We can advice you over the telephone or email so can help you no matter where you are based in the UK.

Written by Edward Aston

9th July 2013



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