Handling exit discussions

Topic Index
Overview
Why have an exit discussion?
When can/should you have an exit discussion?
Exit package: key considerations
'Without prejudice' discussions
Protected conversations

Overview


  • Maria Hoeritzauer of Crossland Employment Solicitors looks at how employers can discuss with an employee their exit from the business on a without prejudice or protected discussion basis. We have referred to these as ‘exit discussions’ for the purposes of this checklist.
  • If successful, the mutually agreed exit is normally recorded via a settlement agreement. These agreements benefit both parties because they typically include wording which ensures that neither party will disparage the other or disclose the details of the arrangement (other than to HMRC, for example), provide for an agreed reference and/or leaving announcement and in return the individual waives all claims they might have against the employer regarding their employment and termination. 
  • Exit discussions can be instigated by either party, although it is more normally driven by the employer. There is no obligation on either party to agree to have or to continue the discussions.
  • If the exit discussion fails for whatever reason, the employee should continue in employment without suffering any detriment. 
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