S111A ERA 1996
Section 111A of the Employment Rights Act 1996 (ERA 1996), updated to reflect all changes in force as of March 31, 2025, establishes guidelines for confidential discussions between employers and employees regarding the termination of employment. This section, introduced in 2013, provides employees and employers a framework to engage in "off the record" negotiations around settlement agreements without the risk of the discussions being used in later legal proceedings (Source: legislation.gov.uk).
The essence of Section 111A is to facilitate protected conversations, allowing for candid dialogue on exit terms without the fear of those discussions being disclosed later in tribunals or legal disputes (Source: shoosmiths.com, waterfront.law). It is particularly significant as it restricts the type of evidence a tribunal can consider in unfair dismissal cases, thus providing a degree of legal protection to employers engaging in such confidential discussions (Source: dmhstallard.com).
For details on its operational mechanics and implications, resources are available such as the Acas Code of Practice on settlement agreements and various other legal insights that dissect the effects of S111A on employee rights and employer responsibilities (Source: acas.org.uk, kingsleynapley.co.uk).
Overall, Section 111A is positioned as an essential legal tool for navigating employment transitions with discretion and legal safeguards in place, marking a significant evolution in employment law in the UK.
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