Employers must be very careful when talking to employees about Settlement Agreements or departure from a job, as in doing so they risk constructive dismissal claims. In particular:
all written communications about Settlement Agreements or agreed departure terms should be marked ‘Without Prejudice’ and/or ‘Subject to Contract’
the employer and employee should agree that all verbal discussions are to be without prejudice
Doing this should usually mean that these negotiations and communications are not admissible as evidence in court - but this will not always be the case. For more information, read Settlement agreements with employees.