Put yourself in your employer`s shoes. They do not want to go through a formal trial such as disciplinary or dismissal proceedings. If you request a protected interview at an early stage of the procedure, your employer may be more inclined to agree on a settlement. Government guidelines do not mention protected conversations. However, it is said that a dismissed worker cannot provide services to the employer during the dismissal. Ask your employer if they are willing to have a conversation outside of recordings. Let them know that the details of the interview should be kept confidential, as this is a settlement agreement. «Protected conversations» or «pre-dismissal negotiations,» as they are sometimes called, provide employers and workers with a forum for confidential conversations to explore the possibility of consensus. We advise you to speak to a lawyer at an early stage. There could be room to negotiate a better conciliation agreement. A good lawyer will carefully discuss with the employee the circumstances that lead to the agreement.
After that, and with the worker`s agreement, the lawyer should: Your employer should give you a reasonable amount of time to review a proposed settlement agreement. ACAS recommends 10 days, although in practice, employers rarely give that long. However, having the worker accompanied is good employment practice for the employer. Many employers have a directive on sheltered interviews that allows employees to bring a companion. In these very unusual and worrying times, more and more employers are establishing transaction agreements for their employees. These agreements are often offered to an employee after a «protected conversation». If the worker is willing to accept an offer of leave, he or she must receive a letter on the conditions of exit. You should then have 10 days to review the offer.
If they wish to adopt a proposal after ten days, a settlement agreement should be presented, but it can also be presented at the meeting. When you start negotiating a settlement agreement, your dealings with your employer usually follow the unprejudiced rules explained in our article on bias-free use. The agreement will only become legally binding if it has been signed by the worker`s employer, worker and lawyer. Sheltered interviews were initially intended to address the underperformance of an employee – perhaps a manager – whose performance might not be a fault or negligence, but who nevertheless harms the organization. . . .