The concept of pre-termination negotiations was introduced on 29 July 2013 and is governed by legislation.
In terms of the legislation, it represents a discussion in which an offer to end the employment relationship on agreed terms (such as under a settlement agreement) can take place on a confidential basis. This means the nature and content of the discussion cannot be used as evidence in an ordinary unfair dismissal claim to an Employment Tribunal.
There are, however particular claims that can be raised in which these discussions will not be deemed to be confidential. The discussion will also only be confidential if there has been no improper behaviour.
ACAS has produced a Code of Practice on settlement agreements which gives further information in relation to pre-termination negotiations. Our solicitors can provide advice in relation to pre-termination settlement negotiations and the ACAS Code of Practice.