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29:07:16
Inadmissibility of protected conversation discussions
In Faithorn Farrell Timms LLP v Bailey the EAT has given the first appellate guidance on the scope of the amendment to the Employment Rights Act to incorporate the provision of protected conversations under Section 111A. Since this was introduced in July 2013, evidence of pre-termination negotiations in unfair dismissal claims have been rendered inadmissible in circumstances where, prior to the introduction of this provision, there would have needed to be a genuine dispute in the workplace in order for such discussions to attract the without prejudice protection. In this case, the EAT has held that the inadmissibility of referring to these conversations goes further than the content of the negotiations and extends to the very fact that they have taken place; and that, unlike the without prejudice privilege, this privilege cannot be waived.