If you wish to have an exit discussion with an employee, we can assist you by ensuring that the discussion is conducted, appropriately.
Talk to us before you say anything to an employee that could put you in a difficult situation.
You may be able to have a discussion (known as a protected conversation) with an employee about their employment ending. The conversation would not then be referred to in any subsequent unfair dismissal case.
However, you must not act improperly, such as threatening the employee with dismissal. Also, there are some exceptions when you do not get protection for unfair dismissal, for example, where the dismissal is connected to pregnancy, and you do not get protection for discrimination claims. We have considerable experience of advising on protected conversations, and our solicitors will guide you on the process and best practice.
Usually when a deal is reached with some form of exit package, the offer would be conditional on your employee entering into a settlement agreement, and we would be happy to draft an appropriate agreement on your behalf.
For any queries on exit discussions and settlement agreements please do not hesitate to get in touch.