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 55 reviews Tracy Breeds2025-07-28 Excellent service, kept me updated step by step either by email or a phone call. Would highly recommend. Aivaras Navardauskas2025-07-28 Bodrul was brilliant throughout my settlement process, professional, thorough, and genuinely supportive. He explained everything clearly, handled all paperwork swiftly, and gave me confidence at every step. Super responsive and easy to talk to, even when things felt a bit overwhelming. Highly recommend if you want someone who actually has your back. Sukhi Bagri2025-07-23 Bodrul from Solidaire Solicitors is one of the very best Solicitors i have worked with through my career, especially his ste by step guidance through helped me achieve excellent outcome with my case. Arnon Jumnongsri2025-07-16 Excellent service! Quick to respond and helped me get a the best settlement agreement. Eva Martina2025-07-09 Professional, efficient and quick to respond, I was very happy with Bodrul's services and would be happy to recommend him to others. Georgi Cook2025-06-26 Bodrul was great! He was efficient, reliable, knowledgeable and very capable. Issues resolved very quickly. Will be using again! tj jones2025-06-18 Due to mutual agreement with myself and my employer, I had to contact a number of solicitors to mediate my final settlement, and Solidaire is the one I decided to use and from start to finish, Bodrul were absolutely fantastic throughout, Bodrul was quick efficient and even got me a boosted settlement so within a few days it was all sorted. Bodrul was excellent and professional very proactive throughout. Definitely recommend Thanks Tristan Mustapha Zamaan2025-06-10 I recently used Solicitor Bodrul for a settlement agreement, and I couldn’t be more impressed with the service I received. He was incredibly professional, thorough, and efficient throughout the entire process. Bodrul explained everything clearly, answered all my questions with patience, and made what could have been a stressful experience feel straightforward and manageable. His attention to detail and commitment to getting the best outcome for me were outstanding. I highly recommend him to anyone needing employment legal advice, better service from start to finish! Saramine Mukute2025-06-04 Bodrul was incredibly helpful, patient, and thorough while advising me on an employment law issue. His attention to detail, calm approach, and strong negotiation skills made a stressful situation much easier to navigate. I felt fully supported and well-represented throughout. Highly recommended! Nour Huda2025-05-21 Such a great experience. Mr. Bodrul's communication was prompt. He made the process so much easier and took the time to walk me through documents and explained them clearly so I'm aware of what I'm consenting to. Highly recommend, very friendly and professional!