Protected discussions leading to a Settlement Agreement

In this episode 166 of the podcast I am covering an issue that was raised by a listener to the podcast, namely when you can rely on Section 111A of the Employment Rights Act 1996 to prevent settlement discussions being used against you as evidence.

In this episode of the podcast I cover:

• What a protected conversation is.
• What the purpose of Section 111A Employment Rights Act is.
• What the difference is between a protected conversation under the statutory provision and the without prejudice rules.
• When to be cautious about settlement discussions.
• When you can rely on the ‘without prejudice’ rules.
• Why often it is worth the risk to have the conversation despite the possibility that your discussions will not be covered by the without prejudice or Section 111A rules.

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

In this episode 165 of the podcast I am very pleased to be joined by Ed Grey from BlueTouchPaper consulting to talk about the very timely and interesting subject of Domestic Violence & Abuse and the interrelationship with work.

This episode had been in the planning stages for several months, following a timely conversation between Ed and I, but by coincidence we recorded this episode only a couple of days after the Business Minister, Paul Scully MP published an open letter to Employers on the subject of domestic violence.

You can find the letter here: https://www.gov.uk/government/publications/domestic-abuse-open-letter-to-employers-on-how-to-help-workers-find-the-right-support/domestic-abuse-open-letter-from-the-business-minister-to-employers

In this episode of the podcast we cover:

• Why this is a timely and particularly important issue now.
• Why this is relatively new issue for employers and one that you may not have thought about in the context of your employment obligations.
• What the different types of abuse are.
• What employers legal obligations are.
• Practical steps for employers who suspect an employee may be the victim of Domestic Violence and Abuse.
• What employers should consider if an employee makes a disclosure of domestic violence and abuse.
• Resources for employers.

Practical steps for Employers

1. Listen without judgement
2. Do not excuse or blame
3. Do not tell the employee to leave their partner
4. Believe them
5. Validate what they tell you
6. Ask them what they feel they need
7. Share information about resources the employee can access them self
8. Arrange to keep in touch and agree a safe way to maintain contact – consider a safe word

Remember: HR and Managers are not counsellors, we are however all human beings so ensure you approach with kindness and support and seek advice when you are unsure and you will rarely go wrong!

Ed Grey from BlueTouchPaper Consulting

Ed Grey

Email: edward@bluetouchpaperconsulting.co.uk

Telephone: 01983 840 830 / 079600 12475

Website: www.bluetouchpaperconsulting.co.uk

Resources

England & National

• https://www.heartfultherapy.co.uk/therapy/
• https://safelives.org.uk
• https://www.respect.uk.net
• https://www.nationaldahelpline.org.uk
• 24h National Domestic Abuse Helpline 0808 2000 247
• Rape Crisis National Helpline – Sexual Violence 08088 029 999
• Karma Nirvana – Helpline for ‘Honour’-based abuse and Forced Marriage 0800 5999 247 https://karmanirvana.org.uk
• The National Lesbian, Gay, Bi-sexual and Transgender + Domestic Abuse Helpline 0800 999 5428 help@galop.org.uk
• Male Survivors Men’s Advice Line 0808 801 0327 info@mensadviceline.org.uk

Scotland

• https://abusedmeninscotland.org
• 24h Domestic Abuse and Forced Marriage Helpline 0800 027 1234
• You can call the Helpline using a text relay service helpline@sdafmh.org.uk
• Rape Crisis Scotland Helpline 08088 01 03 02
• Text: 077537 410 027 support@rapecrisisscotland.org.uk

Hampshire & IOW

• https://www.hants.gov.uk/en/socialcareandhealth/domesticabuse
• https://www.iow.gov.uk/council/OtherServices/Domestic-Abuse/Domestic-Abuse-Awareness

Wales

• 24h Live Fear Free Helpline for Violence against Women, Domestic Abuse, & Sexual Violence: 0808 80 10 800 Text: 07800 77333 info@livefearfreehelpline.wales

Northern Ireland

• 24h Domestic & Sexual Violence Helpline: 0808 802 1414
• help@dsahelpline.org

Free Domestic Violence & Abuse Policy

We have created a template Domestic Violence & Abuse Policy for you to use and implement in your organisation.

You can download for free here: DOWNLOAD THE FREE POLICY

If you have any questions or require specific advice please do not hesitate to get in touch: 01983 897003 or email: alison@realemploymentlawadvice.co.uk

Photo by Sydney Sims on Unsplash