Process for 'off the record' conversations

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This page looks at the process for holding an off the record conversation. It covers a typical process for an 'off the record' conversation and who should hold an 'off the record' conversation.

The guidance on this page applies where you are relying on the without prejudice principle, Section 111A of the Employment Rights Act, or both. However, it is especially important when you are planning to attract the cover of Section 111A.

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We recommend that you take our advice before using any of the information or documents on this website. You should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.

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