You must get advice for a transaction agreement, otherwise it will not be valid. A protected interview takes place when a proposal for a settlement agreement is made. However, if the employer acts inappropriately, for example. B by exerting undue pressure on workers to accept the circumstances, or by distorting the circumstances, an employer loses protection and the worker may respond to the dispute over the conciliation agreement in the event of an action for unjustified dismissal. As a general rule, all payments to which you are entitled under your employment contract, such as salary, vacation pay, bonuses and payment instead of termination, are taxable, but a termination payment, including severance pay, is not taxable up to £30,000. What will happen if the offer is not accepted? Can the offer be used in court or in court against the company? If the offer is not accepted, the employment relationship is maintained until it is interrupted by one of the parties likely to lead or not to a right. The law provides some protection to employers by allowing certain settlement negotiations, without fear that the offer will be made in subsequent legal proceedings before a judge. It is good practice that all conversations and correspondence are clearly expressed as “without prejudice” to claims. In other words, if the negotiations stop, it should be as if the discussions never took place.

However, this is not enough in all circumstances, especially when there is no dispute between you and your employee. In the absence of litigation, Section 111A of the Employment Rights Act 1996 provides additional protection to employers by allowing what is known as a “protected conversation” with a worker regarding the termination of his or her employment relationship, which can be referred to an employment court. However, it is not possible to have protected conversations regarding all types of claims. For example, the rights of discrimination, harassment and denunciation are not covered by Article 111A. It may be that the rule may apply “without prejudice” in the current circumstances, or there may be some risk if you decide to continue negotiations. You should always get advice when it comes to you. The result is that, in any case, you end your employment relationship without recourse…