What Does “Without Prejudice” Mean?
The term “without prejudice” is a legal principle that allows employees to have open and honest settlement discussions with their employers without worrying that anything they say will be used against them later in court or at an employment tribunal.
In simple terms, it provides a safe space for employees to explore settlement offers, such as compensation for unfair dismissal or redundancy pay, without compromising their legal position if an agreement isn’t reached.
The notice period can be set out in the employee’s contract or may be dictated by statutory requirements if the contract does not specify it.
Contact Us Today!
Please fill in the form and we will get back to you within 24 hours.
When Can Employees Use “Without Prejudice”?
“Without prejudice” communications typically occur during:
- Settlement Agreement Discussions
If your employer proposes a settlement agreement, such discussions will often be marked as “without prejudice.” This means that any offers made during these conversations cannot be disclosed to a tribunal if negotiations break down.
- Grievance and Disciplinary Processes
During grievance or disciplinary proceedings, an employer may invite you to engage in “without prejudice” talks to reach a resolution without escalating the matter to a formal hearing or tribunal.
- Exit Negotiations
When an employee and employer mutually agree to part ways, the terms of the departure can be discussed on a “without prejudice” basis to ensure both parties can negotiate freely.
What Are the Benefits of “Without Prejudice” for Employees?
Using “without prejudice” communications can benefit employees in several ways:
- Encourages Open Dialogue
Employees can negotiate with their employer without worrying that their willingness to settle will be seen as a weakness.
- Protects Your Legal Position
Any offers or concessions you make during “without prejudice” discussions cannot be used against you in a tribunal unless both parties agree to disclose them.
- Improves Settlement Outcomes
By engaging in confidential settlement discussions, employees can often achieve better financial settlements or more favourable terms.
Practical Tips for Employees Engaging in “Without Prejudice” Discussions
- Consult a Solicitor: Always seek legal advice before entering into “without prejudice” discussions to understand your rights and options.
- Document Everything: Keep a record of all communications and offers made during settlement talks.
- Understand the Context: Ensure that a genuine dispute exists before engaging in “without prejudice” discussions.
- Know Your Worth: Before agreeing to any settlement, understand the value of your claim and negotiate accordingly.
At Solidaire Solicitors, we specialise in helping employees navigate employment disputes and negotiate fair settlements. Our experienced solicitors can provide tailored advice on using the “without prejudice” rule effectively to protect your rights and achieve the best possible outcome.
Whether you’re facing unfair dismissal, redundancy, or workplace discrimination, we’re here to support you. Contact us today for a confidential consultation.
Get a Free Settlement Estimate – See What You Could Be Owed
Frequently Asked Questions
Yes, employees can mark their emails or letters to their employer as “without prejudice.” However, it’s important to remember that the rule only applies if there is a genuine dispute and the communication is part of settlement negotiations.
No, the rule only applies to settlement discussions aimed at resolving a dispute. Casual conversations or general workplace chats are not covered.
The “without prejudice” rule cannot be used to shield improper behaviour such as harassment, discrimination, or bullying. If your employer attempts to misuse the rule, it can be challenged in court.
If you don’t agree with the settlement offer made during “without prejudice” discussions, you are not obligated to accept it. You retain the right to pursue your claim at an employment tribunal.
Yes. The protection of “without prejudice” communications can be lifted in cases of fraud, misrepresentation, or unambiguous impropriety by the employer.
Get in Touch!
Please fill in the form and we will get back to you within 24 hours.
EXCELLENT Based on 66 reviews saba khan2025-09-18 I instructed Bodrul to help me navigate through redundancy. He provided advice and direction and even guided me on the work I could do instead of him to avoid unnecessary costs. After speaking with a few solicitors I decided to go with Bodrul and I’m very pleased with the outcome and happily recommend him to anyone looking for professional, fair and impartial advice and support with employment matters. Judith A2025-09-18 Very knowledgeable, professional and efficient. Their fees are also very reasonable. Scott Brigginshaw2025-09-16 Great service ! Ralph Mellusco2025-09-12 Very quick and thorough definitely recommend Sojib Hossain2025-09-05 Great experience from start to finish. Solidaire Solicitors truly care about their clients. Thank you. Arc Choudhury2025-09-04 The individual is acting in unfaithful manner, the firm does not exist here at 124-126 Queensway, I have had the office for last 15 years running it as Advance Property Ltd and various other businesses from the Units which I have rented out. I can challenge the individual and he can not show any proof that he has rented the place. He is using my address as his office address, and that is fake representation and clearly that is misrepresentation. I question the authority and integrity of this individual solo venture, surely, if I was to inform google and SRA of this bogus activities and how he misleading the genuine public here. I am very shocked and surprised. You can not trust anyone now a day's, in fact that is not true, I think I can trust a bigger on the street. I advise this individual to take immediate action to remove the registered address of the firm from my business address. I am giving 14 days notice to do so, as I do not want my business address reputation to be in question. Otherwise, I shall take the next step to inform the SRA Solicitor Regulation Authority and Google of the malicious nature of the individual and his firm. Muhib Uddin2025-08-19 Bodrul was clear, efficient, and easy to work with. The process was handled quickly and professionally, and communication was straightforward throughout Michelle Wilsdon2025-08-18 Such a kind and understanding solicitors, Bodrul took the time to walk me through the legal process and advised in plain English. Resolved the matter swiftly and provided up front cost. Communication provide throughout the process. Asha Sabherwal2025-08-15 Incredibly fast and helpful, have recommended to friends