This article was published on October 1st, 2013
Pre-termination negotiations became inadmissible in unfair dismissal proceedings following employment law changes on 29 July 2013.
‘Pre-termination negotiations‘ refer to discussions held between the employer and their employee pre-termination of the employment contract with a view to it being terminated on agreed terms. The effect of the changes means that an employee cannot rely upon the details of the pre-termination negotiations in any subsequent action for unfair dismissal against the employer unless there has been improper behaviour.
However, these changes do not apply to action for automatic unfair dismissal or discrimination claims. Although appearing superficially attractive, there are problems for both employers and employees in looking to rely upon these provisions.