UK employers: beware.

UK employers: beware. A recent Employment Appeals Tribunal decision is a warning to every UK employer who thinks a "protected conversation" is automatically off the record. It isn't. ⚠️ Watch until the end for how to make sure those private discussions remain that way. #employmentlaw #legal #lawyer #ukbusiness #SmallBusiness Mr L Tarbuc v Martello Piling Ltd: [2026] EAT 58 Settlement discussions AREN'T always protected From: HM Courts & Tribunals Service and Employment Appeal Tribunal Published: 28 April 2026 Category: Practice and Procedure Landmark: Not landmark Decision date: 28 April 2026 Employment Appeal Tribunal Judgment of Judge Stout on 28 April 2026. Before: Judge Stout Between: Mr L Tarbuc Appellant - and - Martello Piling Limited Respondent The Appellant in person Patrick Keith (instructed by George Green LLP) for the Respondent Hearing date: 16 April 2026 JUDGMENT EAT 2026 Page 1 [2026] EAT 58 EMPLOYMENT APPEALS TRIBUNAL TRIBUNAL PRACTICE AND PROCEDURE - SECTION 111A EMPLOYMENT RIGHTS ACT 1996 Prior to the termination of the claimant's employment purportedly by reason of redundancy, the respondent employer held a conversation with him that was intended by the respondent to be protected by section 111A of the Employment Rights Act 1996 (ERA 1996) as a pre-termination negotiation. The claimant submitted that section 111A did not apply as the respondent's conduct had been "improper" under section 111(4). The Employment Tribunal rejected the claimant's argument and held that section 111A applied. It directed that the fact and content of the protected conversation were Employment Appeals Tribunal ⚠️ No protection! Firstly, the protection sought by the employer was only applicable to unfair dismissal, not unlawful deduction of wages. Secondly, judges need the whole picture. An ambush meeting and no chance to bring a colleague can be classified as improper conduct, which can remove the protection completely. So here's the lesson for employers. If you think that a private settlement discussion cannot be used against you, then think again. Introducing Tarbuc versus Martello Piling. This case was brought to the Employment Appeals Tribunal in 2026. An employer invited an employee to a private meeting. No notice, no chance to bring a colleague. The employer offered a settlement of redundancy if the employee said no. This conversation was protected, it can never be brought up later. The Employment Appeals Tribunal disagreed for two reasons. Firstly, the protection sought by the employer was only applicable to unfair dismissal, not unlawful deduction of wages. Secondly, judges need to look at the whole picture. An ambush meeting and no chance to bring a colleague can be classified as improper conduct, which can remove the protection completely. So here's the lesson for employers. If you're having a settlement conversation with an employee before dismissal, do it properly. Give sufficient notice, allow a companion, and document it well.