A Without Prejudice letter can be used to start settlement negotiations with your employer anytime, before or after you’ve made a claim to the Employment Tribunal.
By using ‘Without Prejudice’ in a letter, you can ensure your conversations stay “off-the-record” and can’t be used in any court proceedings.
A Without Prejudice Letter can be a strong tool to ensure that you have a chance to settle with your employer without losing the option of continuing with an Employment Tribunal if negotiations fall through. There are a few examples of how Without Prejudice Letters can be used:
Nicky has raised a grievance with their employer but the outcome has been unsuccessful.
Nicky sends their employer a Without Prejudice Letter to propose that they leave the company with some financial compensation, as an alternative to appealing the grievance outcome.
Zola has been dismissed without any procedure.
She has appealed her dismissal and is waiting for a response from her employer.
She is thinking about making a Tribunal claim but wants to try and see if she can settle her claim first.
She sends her employer a Without Prejudice Letter to start the negotiations.
If you’re thinking of settling with your employer out of court, here’s how to use a Without Prejudice Letter:
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