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Section 111A - Improper Behaviour

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Is it sufficient that a Claimant asserts there was improper behaviour by an employer when negotiating a settlement in order for evidence of those negotiations to be admitted in evidence?

No, held the EAT in Harrison v Aryman Limited.

Where improper behaviour is alleged as a reason for evidence of settlement negotiations to be admitted despite s111A Employment Rights Act 1996, it is necessary for the tribunal to decide whether the behaviour was improper, by making findings of fact, before admitting it.

By contrast, where the Claimant's case is that the circumstances of any dismissal are such as to make the dismissal automatically unfair, it is sufficient for the Claimant to put their case in that way for that evidence to be admissible under s111A Employment Rights Act 1996.

Thanks to Tim Kenward of 7 Harrington Street Chambers for preparing this case summary.