“The Government has proposed a new rule that would mean “off the record” settlement offers could not be used against an employer in unfair dismissal claims. This would give employers more flexibility to negotiate quick exits with employees without following a formal dismissal process. At the moment, employers can make “off the record” offers to employees but an employee who refuses such an offer is able to use it against the employer (arguing any subsequent dismissal is unfair on the grounds that the employer had already made up its mind.”
The rules will not include where an employment tribunal consider the employer has done something wrong.