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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 757
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have a question about S .111A of the Employment Rights Act

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Hi Ross.
i have a question about S .111A of the Employment Rights Act 1996 ("ERA 1996")
Customer: replied 3 months ago.
I made a claim to ET for unfair dismissal. and made covert recording during a meeting with the CEO and HR manager.
Customer: replied 3 months ago.
The respondent solicitor is resisting that both covert recording are protect by S .111A of the Employment Rights Act 1996 ("ERA 1996")

Hello, Section 111A is only applicable if the recording made is of a recording which included negotiating an exit agreement with your employer. For example if they were offering you X amount of money to resign and avoid a gross misconduct dismissal. The contents of the recording will determine whether S.111A is applicable or not.

Customer: replied 3 months ago.
can't be protected if content involve improper behavior
Customer: replied 3 months ago.
in addition, they didn't give me enough time to think, asked me to accept it on the same day and hand in a resignation letter. is this involve improper behavior as well?

Was there a discussion about money in return for your resignation discussed in the covert recording?

Customer: replied 3 months ago.
Customer: replied 3 months ago.
actually, it wasn't even same day, HR manager told me she will leave at 12pm when i had a meeting with her at 11am. so i had to hand in my resignation letter before 12pm.

I cannot comment definitively, however as this was discussed in the recording then it is likely to be viewed as inadmissible under Section 111A. Ultimately this will be for the Judge to decide

Customer: replied 3 months ago.
sure thing, i am only asking advice and will let the judge decide.
Customer: replied 3 months ago.
could you please let me know with my question above about time i was given, please?

What was the question, the time limits will be irrelevant the judge will want to know the nature of the conversation which was recorded, there are no laws governing any time restrictions on these types of offers unfortunately.

Ross Miller and other Employment Law Specialists are ready to help you
Customer: replied 3 months ago.
I see, thanks for your help.
Customer: replied 3 months ago.
i have other question and will create other topics

If you just give me a list of your questions I can give you a price to answer them all (this will most likely work out cheaper)