Exit discussions are no bar to a constructive dismissal claim

As you may be aware constructive dismissal occurs when an employee terminates their employment in response to their employee’s treatment of them. The employee has to show that they have resigned in response to fundamental breach of contract by the employer. The Employment Rights Act essentially say that if the employee terminates their contract in…

Can the privilege that covers protected conversations under section 111A ERA be waived?

No, held the Employment Appeal Tribunal in Faithorn Farrell Timms LLP v Bailey, giving the first appellate judgment on protected conversations. Protected conversations are a mechanism whereby employers can enter into discussions concerning the proposed termination of an employee’s employment where there is no existing ‘dispute’ (i.e. that there are no ongoing formal disciplinary/capability issues).…