Protected Conversations & Settlement Agreements
Wouldn’t be great if there was a way to have a conversation with an employee about a potential amicable exit strategy, without fear of that conversation being used against your business?
That’s exactly what a protected conversation is. The law recognises that from time to time, there are commercial, reputational and other reasons why a business may need to remove someone from their business. But getting to the point where that removal is entirely without legal risk will be time consuming and in some cases, impossible.
A protected conversation is effectively an off-the-record conversation, during which an employer can explain what it would be willing to offer the employee if they were to accept the termination of their employment under a settlement agreement – where the employee agrees to waive any claims they may have against the company linked to their employment or its termination.
They are an extremely useful tool for employers, but conversations can easily lose their protected status if they are used incorrectly.
- Why “exit” an employee?
- Protected conversations
- Effective negotiation
- Legal requirements of a settlement agreement
- Effect of a settlement agreement (what can and cannot be settled)
half day
Classroom style (interactive)
You should come away from this module with a clear understanding of when entering into a protected conversation may be appropriate, and when it cannot be used. In cases where a protected conversation is not available, you will understand what other options are available. Being a good negotiator is an important skill to have when conducting protected conversations, to steer the discussion towards exit via a mutually agreed settlement agreement. This module also covers the what the essential ingredients of a settlement agreement are, and when a settlement agreement will be insufficient protection.
Capital Academy’s employment modules are specifically designed with time-poor senior and HR managers in mind. The training is fast-paced and designed to build on existing knowledge. Module resources such as factsheets and infographics are supplied to help you to find answers quickly when time is of the essence. All our employment law training is delivered by qualified lawyers who will remain available to you after the delivery of the training, as a friendly face that knows your business, and who can deal with any follow up queries.