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Performance Management Conversations and Without Prejudice Privilege – Considerations for Irish Employers
A recent Workplace Relations Commission (WRC) ruling has spotlighted a critical distinction in Irish employment law: unlike in the UK, Irish employers cannot assume that performance-related discussions with employees are automatically protected by “without prejudice” privilege. While UK law explicitly shields “pre-termination negotiations” under the Employment Rights Act 1996, rendering such conversations inadmissible in legal proceedings, Irish law offers no such blanket pro

Billy Casserly
Sep 29, 20255 min read
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