An Employment Tribunal considered whether settlement discussions held under section 111A retained their confidentiality where the process and context of the meeting were challenged by the employee. The employee argued that the meeting was handled in a way that undermined the protection typically afforded to 'protected conversations'.

The EAT confirmed that section 111A protection is limited and can be lost where there is improper behaviour. It also reiterated that the protection does not extend to all claims, particularly discrimination, meaning such discussions may still be admissible in wider proceedings.

Key takeaways for employers:

• Section 111A applies only to unfair dismissal claims.
• Discrimination claims are not covered by this protection.
• Poorly handled meetings may lose confidentiality.
• Process, timing and tone are critical to protection.

A former employee brought claims after receiving a reference which referred to an ongoing “dispute” with her former employer. The reference led to a withdrawn job offer and financial loss.

The Tribunal found this amounted to victimisation, as the reference was linked to a previous protected act. The case highlights the continuing risk of liability after employment has ended where earlier grievances or claims are referenced.

Key takeaways for employers:

• References must be factual and neutral.
• Avoid reference to disputes or Tribunal activity.
• Post-employment actions can still create liability.
• Consistent reference policies are essential.