Here the employer said it was going to dismiss the employee for misconduct. There then followed some discussions about making the employee redundant instead and the terms of a draft settlement agreement.
The negotiations broke down and the employee brought a Tribunal claim alleging he had been dismissed because he had made protected disclosures.
The employer sought to rely on evidence relating to the negotiations in support of its case that the dismissal had been by reason of misconduct. However, the employee argued that such evidence was without prejudice and, therefore, inadmissible.
The Employment Appeal Tribunal agreed.
Sarah Rushton (firstname.lastname@example.org)
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