Currently, the without prejudice rule only works to keep ‘off the record’ conversations out of the employment tribunal if there is already a tangible dispute between the parties. Some responses to the consultation suggested that if any party could initiate early conversations about say, performance issues or retirement plans, at any time, without fear of the matter ending up in tribunal this may actually allow potential disputes to be ‘nipped in the bud’ so that employment can continue. The Government has agreed to consult on the introduction of such ‘protected conversations’.
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