Protected conversation

[abonae]

Hi

 

I had a protected conversation with my employer, instigated by them, earlier this week.  Would it be misconduct if I were to disclose that conversation to colleagues?

 

Thanks

 

Abo

[unclebulgaria67]

Depends on the agreement between you and the employers.  

 

Did the employers state that they required confidentiality?

 

What would the consequences be if you shared details of the conversations you held with the employers?  

 

Think it would be wise not to share details of the conversations until you have received any settlement.

[abonae]

We may not agree a settlement.  The are offering nothing in cash, just the offer of an agreed reference and managing the communication to the organisation.  

 

The alternative is to start the performance management process.  I'm undecided really.  I've made a counter proposal with a modest number of months as compensation.  Don't know what their reaction will be.

 

Thanks

 

Abo

[Ethel Street]

@Emmzzi may have experience of this.

[unclebulgaria67]

Acas Code of Practice on settlement agreements | Acas

WWW.ACAS.ORG.UK

---

The Acas Code of Practice on settlement agreements.

 

Have you obtained employment law advice about the underperformance issue that the employers are concerned about?

 

Is it clear that you have underperformed personally?  

 

If they are only offering a reference and managing communications to your colleagues, does that really constitute a form of settlement?

 

I think you have done the right thing by asking for a sum of money to be paid as part of the settlement and while you are waiting for them to respond, you could consult a Solicitors that handles employment disputes.  If you are a member of a Union, they may be able to help.  If not, if you have legal expenses cover as part of Home Insurance, check the policy wording to see if it would cover expenses related to employment disputes.  If no Union or Insurance, many local Solicitors that can help with employment matters, may be willing to offer a free half hour consultation.

 

Remember that when you start to speak to prospective employers you apply to work with, that they may ask you about the circumstances that led you to leave your previous employment.  Therefore, it is important that you deal with the underperformance issue effectively, by taking advice about the fairness of what the employers have expressed to you.  

[Emmzzi]

If you agreed to a protected conversation it's protected on both sides. Did they explain what that meant at the outset of the conversation? Did you agree to it?

 

They may withdraw the offer and any money you manage to negotiate if you blab. If you can't keep to the terms, they can't rely on you. So IMHO you would be daft to gossip. The minute you breach the PC conditions you tell them there is no point settling with you.

 

Usually you can discuss with a union rep or a family member during your decision making period.

[abonae]

My manager described it as a Without Prejudice conversation which I believe is technically incorrect (there was no dispute between us or pending) but the clear intent was to discuss my potential departure.

 

No obligations were placed on me at the meeting.  I asked the question because I may well reject the offer of a SA (because there is no payment as compensation) and go down the performance management route.  I want to know if I can tell colleagues what has happened.

 

Thanks

 

Abo

[abonae]

unclebulgaria67 - thanks for the link to the ACAS document.

[Emmzzi]

IME, at this stage they firmly want you out. I'd be trying to make the best of it financially, which includes being quiet.

 

 

 

[abonae]

Emmzzi, I agree.  However their current offer included no lump sum payment.

 

Meeting my manager in the next few days, so I will certainly keep quiet until then.

 

Thanks

 

Abo

[Emmzzi]

so things to think about

- notice period payment

- outstanding holidays

- how long until you get another job

- outplacement support to get another jib

- solicitors fees to review the settlement agreement with you (should be standard)

 

be realistic - people think they'll get a years wages! 1 - 3 months is far more common.

[abonae]

Just an update.

 

I asked for, and got, 2 months which I thought fair.  They tried to pressure me into signing the SA a couple of days after I received it.  I pushed back on this too and got 10 days to consider, and the termination date to match.

 

Thanks for the replies.