Real Employment Law Advice

Without Prejudice Discussions: When are they really ‘off the record’

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

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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.

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