In this episode 239 of the podcast I bring you a reminder of the without prejudice rules and section 111A protected discussions and the importance of following a process when you are making an offer to an employee. Equally if you are an employee engaged in discussions why your behaviour can also come under scrutiny. The case we are covering is Gallagher v McKinnon’s Auto and Tyres.

In this episode of the podcast we cover:

• What the common law ‘without prejudice’ rules are and when they apply.
• What improper behaviour is in the context of without prejudice discussions.
• What the Section 111A Employment Rights Act 1996 is and when it applies.
• Why employers should follow the ACAS code of practice on settlement discussions.
• My tips for dealing with settlement discussions in a way that avoids any improper behaviour.
• The facts the case Gallagher v McKinnon’s Auto and Tyres and the decision of the Employment Appeal Tribunal.

  Previous Podcasts to Note

Settlement Discussions & Settlement Agreements

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