Can he use a chat in the pub?

I just sacked someone.  We had a conversation before that, in a pub where it seemed his departure was a mutual agreement. He took a few weeks off to consider the offer.

However, he is now taking my company to an employment tribunal, claiming unfair dismissal. Can he use this conversation as evidence?

The conversation may well be confidential and excluded from use in the employment tribunal.  There is a law designed to prevent such “settlement conversations” being referred to as evidence.

The law provides that offers made after that date, by an employer, to end the employment relationship on agreed terms can be made on a confidential basis. That means that they cannot be used as evidence in an unfair dismissal claim.

There are limited circumstances that could allow the ex-employee to get around this rule. For example, if there was some sort of “improper behaviour” in relation to the discussions, such as harassment, bullying or undue pressure, and a tribunal might be persuaded to allow the discussions to be referred to in evidence.

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