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hello my name is justin gover and im the employment law partner here at ibb solicitors one of the problems many hr practitioners have faced over the years is how you go about having that difficult conversation with an employee who isnt performing as well as youd like or whose attitude is not as you would like it to be and you want to have a conversation around the problem that ultimately could lead to a compromise agreement or settlement agreements as theyre now called there are rules about what conversations are without prejudice however they are incredibly great and even us lawyers find it very difficult to be absolutely sure whether any given conversation will be covered by that principle recognizing this problem last summer the government set about a new initiative around settlement agreements which used to be referred to as compromise agreements and discussions leading to settlement agreements the basic premise is that any discussion designed to lead to the termination of the
