Many employers instigate what are termed “Protected Conversations” as a way of ending the employment relationship with their employees. This begs the question, what are Protected Conversations and what can employees ask for as part of them….
What Is a Protected Conversation?
A Protected Conversation is any exchange (so a phone call, meeting, letter, email or other message) between the employer and employee where they discuss bringing the employee’s employment to an end on agreed terms. The term “Protected Conversation” is used, because the conversation is off the record and will not be admissible in any later claim for either unfair or constructive unfair dismissal, so long as there is no improper behaviour.
General information about Protected Conversations can be found at – https://lincslaw.co.uk/blog/protected-conversation/
What Can I Ask For During a Protected Conversation?
If, (and only if) you are certain you are engaged in a Protected Conversation (see guidance above) and you wish to leave your employment on agreed terms, does this guidance apply to you. With that in mind, here are some things you might want to consider asking for. Please bear in mind this list is not exhaustive and each case will vary, depending on the circumstances.
- An agreed termination of employment date. This might sound odd, but you will need to agree a date when your employment will end. Before you jump to any quick decisions, check your contract and make sure you are either working your full notice period, or at least receiving a payment in lieu of it.
- A payment in lieu of notice. As above, check your contract of employment and make sure as part of any deal, you are either working your notice, or receiving a payment in lieu of it.
- Holiday, bonus, shares and benefits. Carefully think about what you will lose if you agree to leave your employment. Will you receive any payments for your accrued but untaken holiday and any other benefits you would have received if you remained employed. Also, consider if there is any entitlement under any company share or bonus scheme. Factoring these payments into a deal could be very lucrative.
- Compensation. If you are leaving your employment on agreed terms and waiving the right to pursue any employment law claims it is imperative you know a) what claims you might actually have, b) the value of them, and c) what would be a reasonable settlement figure. When you have undertaken this assessment, you should be asking for a fair compensation payment.
- Reference and announcement. In some cases, you might feel it would help you if you received an agreed reference and knew what your employer was going to tell your colleagues about your departure. As such, consider if an agreed reference and announcement might be beneficial to you.
- Restrictive covenants. Again, look back over your contract of employment and think about if you have any terms which bind you in the future, despite leaving your employer. If so, it might be possible to ask your employer to revisit these with you and agree to a reduced burden.
- Legal fees. Even if you have a good idea of the package you want, your employer is still likely to ask you to sign a contract (usually called a Settlement Agreement) to confirm your agreement to leave and waive the right to bring any legal claims. As part of that, you will need legal advice and so ask your employer to cover those fees. Again, general information about settlement agreements, can be found here – https://lincslaw.co.uk/services/settlement-agreement/
Client Feedback
We are experts at helping clients with Protected Conversations and Settlement Agreements. Recent feedback includes:-
“Sophie took on my case and I can confidently say she was brilliant….brilliant advice and a great outcome…thank you and if I need help again I will be back for sure. Paperwork and turn arounds have been so fast, amazing contact from all staff to make sure I was happy and I had everything I needed etc.. truly great service”.
“I had an amazing experience with Sophie…She was professional, friendly, and explained every detail in a clear and concise manner. I’d like to take this opportunity to thank Sophie personally for making the process smooth… I highly recommend LincsLaw”
Lincs Law Employment Solicitors Can Help You
If you have been invited to attend a Protected Conversation, or have already been offered a Settlement Agreement, please contact us for a free, no obligation consultation with one of our fully qualified employment solicitors. Simply use the contact form, engage in a webchat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
Alternatively, for more information about the services we provide, visit www.lincslaw.co.uk.
Sophie Goodwill
Specialist Employment Solicitor, Lincs Law Employment Solicitors
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