“Without prejudice”


A. The term “without prejudice” means that the employer does not intend to sacrifice any of their existing rights by making the offer of settlement to your member.


“Without prejudice” correspondence will not be admissible as evidence in a court or a tribunal (such as an Employment Tribunal) unless both parties consent.


“Without prejudice” is a common law principle (a principle which has been created through case law rather than statute) which applies not just to written correspondence and documentation, but to oral statements as well.


However, simply heading correspondence with the words “without prejudice” does not alone suffice to trigger protection. The correspondence must genuinely relate to the settlement of an existing dispute between the parties.


In addition, the “without prejudice” protection will not apply in circumstances where fraud, undue influence or some other form of “unambiguous impropriety” — for example, perjury or blackmail — has taken place.


In these circumstances, a court or tribunal may decide that the “without prejudice” rule does not apply and that the evidence (as a whole or in part) is admissible in legal proceedings.