Episode #19
Protected Conversations, Unprotected Mistakes - Tarbuc v Martello Piling
When does a "protected conversation" lose its protection? And can the way an employer handles a settlement offer come back to bite them? In this episode of The BDBF Podcast , employment lawyers Amanda Steadman and Emma Burroughs explore the Employment Appeal Tribunal's decision in Tarbuc v Martello Piling Limited , an important case concerning the scope and limits of protected conversations under section 111A of the Employment Rights Act 1996. They discuss the background to the dispute, which arose after the claimant sought payment of a contractual bonus, and how a subsequent protected conversation led to an offer for him to leave the business. Following his dismissal after a redundancy process, the claimant brought claims including ordinary unfair dismissal, unlawful deductions from wages and less favourable treatment as a part-time worker. Amanda and Emma unpack the Employment Tribunal and Employment Appeal Tribunal's decisions, including the Tribunal's error in treating the section 111A protection as applying to claims beyond ordinary unfair dismissal. They explore the concept of improper behaviour, the importance of considering the cumulative circumstances surrounding a protected conversation, and why factors such as short-notice meetings, the absence of a companion and the time given to consider an offer may be relevant. They also discuss the risks of threats or guarantees of dismissal, covert recordings and the practical steps employers can take to conduct protected conversations more safely. Listeners will gain practical guidance on: When section 111A protection applies and the claims it does not cover What may amount to improper behaviour during a protected conversation How the circumstances surrounding a meeting can affect whether protection is lost The risks of making threats or guarantees about dismissal if a settlement offer is rejected How employers can approach protected conversations cautiously and minimise the risk of the discussions being admitted in evidence The importance of giving employees reasonable notice, time to consider offers and the opportunity to have a companion For employment lawyers, HR professionals, in-house counsel and employers, this episode provides valuable insight into the practical limits of protected conversations and the importance of carefully managing both the substance and circumstances of settlement discussions. Disclaimer: Views of external guest speakers do not represent those of BDBF. Contact BDBF Thank you for tuning in to The BDBF Podcast: News and Insights for the Employment Law Community , where we dive into practical guidance, expert analysis, and updates on employment law developments. For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform. We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes. Drop us a line podcast@bdbf.co.uk Find out more: Website: www.bdbf.co.uk/ Email: info@bdbf.co.uk Phone: +44(0)20 3828 0350 Connect with us: LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ Facebook: www.facebook.com/BDBFLLP/ Sign up to our newsletter: www.bdbf.co.uk/newsletter-signup/ Amanda Steadman https://www.linkedin.com/in/amanda-steadman-7900a110/ Emma Burroughs https://www.linkedin.com/in/emma-burroughs-78342a168/
