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Our Protected Conversation Script Template facilitates sensitive discussions, allowing employers to explore options without risk of legal recourse.
1 [Opening]
1.1 Hello [employee name], thank you for taking the time to speak with me today.
1.2 I'd like to have this conversation under what is called a 'protected conversation.' [as defined in section 111A of the Employment Rights Act 1996 (ERA).]
1.3 This means that anything we discuss during this conversation cannot be used against the company in any future employment tribunal or court proceedings, provided that there is no discrimination, harassment or victimisation.
1.4 The purpose of this conversation is to discuss your situation and explore any options for moving forward.
1.5 Please feel free to speak openly and honestly.
1.6 Is this OK with you?
2 [Purpose of meeting]
I would like discuss the possibility of a mutually-agreed amicable termination of your
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This discussion is an important step in proposing a settlement agreement, which is a legally binding agreement between an employer and an employee which usually settles an employment dispute or ends the employment relationship on agreed terms.
A protected conversation can take place either over the phone, in person or via written communication.
It's important to note that the conversation can be very fluid depending on the attitude of the other party, so no outcome can be guaranteed. This script is a guide to ensure that you convey the key points.
Related HR resources and workflow
Explore the HR resources that may be relevant before and / or after using the Protected conversation script, helping you understand the wider process, maintain appropriate documentation and follow a consistent approach.
Our Guide to without prejudiice or Protected Conversations provides comprehensive insights on handling confidential discussions, ensuring legal compliance and effective communication.
Use this model settlement agreement proposal letter to enter discussions with an employee about ending their employment relationship.
Use these best practice actions, recommended timescales and process stages to understand when and how the Protected conversation script should be used, helping ensure each step is handled consistently and appropriately documented.
When having a 'protected conversation' with an employee, an employer must be aware of several UK employment laws. Here are some of the key considerations:
Unfair dismissal: An employer cannot use a protected conversation as a means of pressuring an employee into resigning, nor can they use it as a shield against a claim of unfair dismissal. If an employee is dismissed, they may still bring a claim for unfair dismissal if the dismissal was discriminatory or based on a protected characteristic (such as age, gender, or race).
Discrimination: An employer must not use a protected conversation to discuss any discriminatory issues with an employee, such as their age, sex, disability, religion, or sexual orientation.
Confidentiality: Any discussions held during a protected conversation should be kept confidential between the employer and employee. However, if the employee raises a grievance or files a claim, then the details of the conversation may be disclosed in any subsequent proceedings.
Statutory rights: An employer cannot use a protected conversation to ask an employee to waive their statutory employment rights, such as the right to receive a redundancy payment or the right to take parental leave.
Legal advice: An employer should encourage the employee to seek independent legal advice before entering into any settlement agreement arising out of a protected conversation.
The above considerations ensure that the ACAS Code of Practice on Settlement Agreements is adhered to when offering a settlement agreement to an employee. If an employer fails to follow the Code, it may be taken into account by an employment tribunal when deciding any claim brought by the employee.
During the discussion itself the employer can refer to the relevant legal section and piece of legislation, namely section 111A of the Employment Rights Act 1996, but does not have to.
Section 111A of the Employment Rights Act 1996 (ERA) provides for "pre-termination negotiations" or "protected conversations" between employers and employees.
These conversations can take place between an employer and employee where there is an existing dispute or where the employer is considering terminating the employee's employment. The purpose of the conversation is to explore the possibility of reaching a settlement agreement to bring the employment relationship to an end on agreed terms.
The key feature of Section 111A is that any offers or discussions made during the protected conversation cannot be used as evidence in any subsequent unfair dismissal claim, except in certain circumstances. For example, if there has been improper behaviour during the protected conversation, such as discrimination, harassment or undue pressure, then the employee may be able to use this as evidence in any subsequent claim.
It is important to note that Section 111A does not protect employers from claims of discrimination, whistleblowing or other claims that may arise outside of the context of the protected conversation. Therefore, employers should exercise caution and seek legal advice before entering into any settlement agreement or making any offer to an employee during a protected conversation.
A conversation can still be protected even without this section being referenced, but it helps if it is.
Yes. This template has been designed for organisations of all sizes, including small businesses, charities and growing employers. It follows UK employment law best practice and can be adapted to suit your organisation.
Our templates are developed with UK employment legislation, Acas guidance and HR best practice in mind and are reviewed and updated as relevant requirements change. However, every employment situation is different, so the template should be adapted to the circumstances and checked against the employee's contract and your organisation's procedures before use.
Yes, we highlight the areas of the document that you need to update with your own details, and where you need to make decisions to suit your situation. This saves you time and ensures that you meet best practice.
Yes. Once purchased, you'll be able to download it instantly. Templates are provided in editable format (such as .doc or .xls) so you can customise them easily, and in PDF format for easy sharing.
If you're looking for broader support, we also offer toolkits and library bundles that include the Protected conversation script template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
AI can produce a document quickly, but effective HR documentation needs to be more than well-written words. It needs to reflect relevant UK employment law, HR best practice, practical considerations and the circumstances in which it will be used. These resources have been professionally developed around that wider HR context, drawing on extensive practical experience, rather than simply generating a generic document from a prompt.
Darryl Horn, Chartered HR Director
Darryl is a Chartered HR professional with over 25 years' experience in senior HR and employee relations roles.
He has extensive practical experience of managing settlement agreement processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.
"Darryl provides support and advice with excellent judgement, and has a strong understanding of people, policies and UK employment legislation."
"He is someone I trust; consistent, dependable, and committed to doing things properly."
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