• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Bedfordshire
  • Milton Keynes
  • Northamptonshire
  • Awards
  • Knowledge Hub
  • Contact Us
  • About Us
    • Sustainability
    • The Podcast
    • ATB TV
All Things Business

All Things Business

First For Local UK Business News

  • Education
  • Professional Services
    • Legal
    • Finance
    • Recruitment & HR
    • Creative Marketing
  • Property
  • Environment
    • Wellbeing
  • Industry
    • Industry
    • Manufacturing
    • Motors
    • Logistics
    • Technology
  • Events
    • Events
    • Food & Drink
    • Sport
  • News

Off-the-record conversations and what they mean

Legal, News | November 3, 2020

Wilson Browne Solicitors

It’s a sad fact that in today’s economy and in the time of COVID, people are losing their jobs.

These delicate situations need handling carefully so it’s often a case of testing the water, and the employer may have an off-the-record conversation with an employee.

What is an off-the-record conversation?

An off-the-record conversation is a conversation that takes place between an employee and employer, usually to discuss an exit package without any admission of liability: these can also be referred to as without prejudice or protected conversations. 

Generally, the employer will inform the employee that if they are not interested in exploring an exit package at that time, the employer will continue with a formal process such as a redundancy process or a performance process.

Why is the conversation and letter off-the-record or without prejudice?

The conversation will occur on an off-the-record or without prejudice basis so as not to be admissible in a potential unfair dismissal claim that the employee may have.

However, these conversations still need some careful handling as there are circumstances when the conversation can be referred to in a subsequent claim. For example, an off-the-record conversation could be referred to in a discrimination claim.

What is a section 111A letter?

A section 111A letter is a letter some employers might issue their employee setting out what the key points they have discussed and offered during the off-the-record conversation. Generally, the letter will set out what package the employer is prepared to offer and the way in which they propose to execute the offer.

The letter will usually state that the exit package is subject to the employee and the employer signing a settlement agreement. It may also give a timeframe for the employee to consider the exit package option and let the employer know if they would like to take this further.

Can the employee tell anyone about the off-the-record conversation?

It should be made clear that employees should not disclose the discussion with their colleagues but that they can speak with their legal adviser about these conversations.  It is usually the case that employees are allowed also to discuss the matter with their immediate family provided they, in turn, agree not to disclose it to others.

Following on from the off-the-record conversation what are the next steps?

If the employee is happy, in principle, to explore further the exit package the employer is offering they will then be issued with a settlement agreement. 

–

Further details at www.wilsonbrowne.co.uk/settlementagreements

What if I the employee is not happy with the offer?

The employee may attempt to negotiate an improved offer with the employer at this time. Alternatively, the employee may prefer to leave negotiation until they receive the settlement agreement.

It is possible for either side to withdraw from the offer at any time before a settlement agreement has been taken to an adviser and signed by both the employee and the employer.

What can Wilson Browne Solicitors do for you?

We’re here to help. We are known for a professional but down-to-earth and friendly approach. We’re normal people just like you, and understand the worry and upset you’re probably going through.

We offer a free initial call, so you can tell us about your situation and we can do our best to put your mind at rest. There’s no obligation to instruct at a later date.

Contact Jennie Jahina at Wilson Browne Solicitors on 0800 088 6004 or visit www.wilsonbrowne.co.uk

Northamptonshire

Related stories

  • Wayne Jenkins of Wilson Browne Solicitors Northamptonshire
    July 5, 2022

    Marketing – all buzz words, presentations and seminars?

    Ask many business owners what ‘marketing’ is, and you’ll likely get a different answer from everyone. Some will say organising events, arranging…
  • Amplitude Media Northamptonshire
    July 5, 2022

    Five days’ work in four days – are we mad?

    If you’ve been following any of the business press over the last couple of months, you’ll have heard about the historic UK…
  • Croyland Car Megastore Northamptonshire
    July 4, 2022

    Croyland celebrates winning National Award for community engagement

    The team at Croyland Car Megastore is celebrating another award win after taking the top title in a prestigious national awards ceremony.…

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Stay up to date on All Things Business

Get the latest business round ups, stories and ATB podcasts delivered straight to your inbox.

All Things Business Podcast

Online Edition

Northamptonshire edition, click here
Milton Keynes edition, click here
Bedfordshire edition, click here

Most Read

  • Plumbing and Gas Solutions Strategic changes to drive service to the next level
  • Scott Norville Setbacks prove challenging for lease firm and its clients
  • Avery Creative Motivation to find the courage to make changes
  • Eddisons Eddisons makes £1.8m property agency acquisition, strengthening Midlands operation
  • WSA The Communications Agency Proud to branch out, but never forgetting our roots

Footer

REGIONS

Northamptonshire
Milton Keynes
Bedfordshire
 

COMPANY

About Us
Contact
Awards
Podcast
Knowledge Hub
Sustainability
Request A Copy

Northamptonshire Office

1 Queensbridge, Northampton
NN4 7BF
Tel: 01604 267677

Milton Keynes and Bedfordshire Office

The Pinnacle, 170 Midsummer Boulevard, Milton Keynes,
MK9 1BP
Tel: 01908 030688

London Office

25 Bedford Square
London
WC1B 3HH
Tel: 0208 1760176

Follow us on

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter

All Things Business is a publication produced by All Things Management Ltd. Registered in England No. 9590677


Privacy Policy