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).…

protected conversations

I mentioned the concept of “protected conversations” briefly in our October 2011 newsletter and gave it a guarded welcome. As now presented in the proposed government reforms it is confirmed as a completely new development, in which employers would be able to broach difficult topics and, perhaps, suggest an agreed parting of the ways, without…