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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 58949
Experience:  Qualified Employment Solicitor
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Ben. I have a question about S .111A of the Employment

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Hi Ben.
I have a question about S .111A of the Employment Rights Act 1996 ("ERA 1996")
I understand that evidence which involve improper behavior during negotiation to exit, are admisable to ET.
I can't find what is involve improper behavior, whould you be able to let me know few example of improper behavior please.
My former employer gave me less than one day to think about thier offer.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

There is no legal definition on what such improper behaviour may amount to and it is generally down to the tribunals to determine that, However, it could be procedural impropriety, or it could be duress by the employer, threats of disciplinary or other repercussions could quakify.

Have a look here for further assistance on this:

https://www.lexology.com/library/detail.aspx?g=851e037a-b8e4-4625-bd04-3992787199b0

This stipulation is similar to the rule that discussions which would otherwise be without prejudice will lose that protection if there has been what is known as “unambiguous impropriety”. For example, perjury, blackmail or other “unequivocal abuse of a privileged occasion” do not attract the benefit of the without prejudice rule. While no doubt the precise scope of “improper behaviour” will be the subject of litigation, employers need to be careful how they conduct pre-termination negotiations to avoid losing the benefit of the (albeit limited) protection which they will provide. The draft Acas Code of Practice on Settlement Agreements described below (the "Code") provides some commentary and guidance on the issue of what constitutes improper behaviour. The Code is in likely final form but is awaiting Government approval.

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Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 8 days ago.
Hi Ben. Thank you very much for your help.

All the best