In order to negotiate leaving terms an employer may want to engage an employee in a so called “protected conversation”, a conversation that can not be relied upon in an Employment Tribunal except in very specific circumstances. However, there are many labels under which this conversation may take place and it is not always clear to employer or employee what rules are linked to which label of discussion. For either party this may be crucial.
A conversation with an employee is either protected or not. If it is protected, its content cannot be produced in court. If it is not protected, it can be shown and relied on in court.
So with this in mind, “Off the Record”, “Without Prejudice”,” Protected” – what do these labels mean?
