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Justin Gover, an employment law partner at IBB Solicitors, discusses the challenges HR practitioners face when having difficult conversations with underperforming employees. These conversations may lead to compromise or settlement agreements. There are rules regarding "without prejudice" conversations, but it can be difficult to determine if a conversation is covered by this principle. The government has introduced a new initiative around settlement agreements, formerly known as compromise agreements, to address this issue. The premise is that any discussion aimed at terminating employment can be considered confidential.
