Martin Myers
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Martin Myers
@martinmyers.bsky.social
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Sociologist of education, writer, researcher, poet.
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Reposted by Martin Myers
qmucu.bsky.social
More of that blogpost on protected conversations in slide form: qmucu.org/2024/08/30/m...

⭐ACAS guidance: acas.org.uk/sites/defaul...
⭐Unite information sheet: learnwithunite.org/assets/Uploa...
WHAT? A protected conversation is a conversation usually about negotiating the termination of employment by settlement agreement. It is an ‘off the record’ conversation. Whatever is said by either party in a protected conversation cannot normally be referred to as evidence in an unfair dismissal claim. Your decision needs to be respected. The employer cannot terminate the employment without having a valid reason and following statutory policies. RISK? Existing law & practice of protected conversations most often benefit the employer. An employee might feel disempowered & uncertain in a conversation about settlement agreements. When a protected conversation is offered in lieu of transparent processes there is no EDI assessment. Protected conversations can be used to avoid longer HR processes or in place of open, collective consultation. EMPLOYEE POWER When invited to a meeting with HR or a line manager, ask for an agenda. You can always speak to colleagues, and email ucu-coordinator@qmul.ac.uk to ask a rep for advice. You can ask if you can be accompanied by a colleague or your union rep. If you do not feel prepared to have the conversation you can end the meeting. Take notes, and clarify the status of the conversation in relation to any future settlement agreement. LEGAL PROTECTION The conversation can lose protected status... ...if there has been “improper behaviour” (e.g. bullying, harassment and discrimination) by the employer or employee during the protected conversation. ... if an employer threatens an employee to take an agreement. ... if the settlement offered is discriminatory (e.g. because of a protected characteristic such as age, or disability)
September 4, 2024 at 12:36 PM