“Without Prejudice”

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What does “without prejudice” mean?

If your employer sends you a letter on a “without prejudice” basis, this means that the letter cannot usually be exhibited in a Tribunal or Court.

However, be warned, letters marked “without prejudice” can sometimes be exhibited in the Tribunal or Court as is evidenced in the authorities of –

• Unilever v Proctor & Gamble [2001] 1 WLR 2436;
• Woodward v Santander UK Plc (Formerly Abbey National Plc) UKEAT/0250/09/ZT;
• BNP Paribas v Mezzotero [2004] IRLR 508;
• Brunel University v Webster and Vaseghi [2007] EWCA Civ 482, Court of Appeal.

Thus, in order to get to the very great evil of discrimination (Jones v Tower Boot Co Ltd [1997] IRLR 168, CA) “without prejudice” conversations can be brought to the attention of the Tribunal if you can reasonably demonstrate that the matter is in the public interest insofar that the employer has sought to conceal an act of discrimination or victimization by seeking to have a conversation on a without prejudice basis.

Example: let’s say you raise a grievance for harassment and/or discrimination, and the employer choses to have a conversation on a without prejudice basis before investigating your grievances to see if it could pay you off to leave; it is very likely you could bring claims for unlawful victimization pursuant to s.27(1)(a)(2)(c)(d) & s.39(4)(d) of The EqA 2010 for having done a protected act in raising grievances.

Put shortly, in the authority of BNP Paribas v Mezzotero[2004] IRLR 508 the Court held that there should not be a ‘dispute’ capable of being settled on a without prejudice basis until such time as the employer refutes your grievances during a grievance meeting or grievance outcome letter.

Thus, if you have raised a written grievance, and the employer has not dealt with your grievances, but wants to invite you to attend a meeting on a without prejudice basis, then contact Amy & I, as you could raise a further grievance for unlawful victimization.

Can I have a “without prejudice” conversation before raising a formal grievance:

There are some websites which suggest that before raising a grievance, you seek to invite your employer to have a conversation on a without prejudice basis to see if the employer is amenable to reaching a settlement agreement.

It is our position that this is a fool hardy move. Put shortly, you are putting the cart before the horse.

Ask yourself this question – why would your employer offer to pay you any money to leave and/or reach a settlement agreement if you haven’t given them a reason to do so?

You can’t just do a Jerry Maguire and say “show me the money” unless you have given your employer a bloody good reason to pay you off!

So, in the first instance, outline your grievances in writing (see our grievance letter template for £12).

Once you have outlined your grievances in writing, and moreover, outlined how your employer has breached your statutory rights in your letter of grievance, then you will have given your employer a reason to pay you to go and reach a settlement agreement!

To this end, personally we would not suggest proposing a settlement agreement until you are at the appeal stage, being the material time you lodge your appeal letter. If you need help raising a letter of grievance or appealing the grievance outcome, contact us during working hours on 07775943414.

By appealing and rebutting the grievance outcome letter, and outlining how the grievance outcome letter is fundamentally misconceived, that would be the point in time to write to your employer and ask them to enter into meaningful discussions to reach a settlement agreement.

This position is supported in the authority of Cutts v Head[1984] Ch 290 at 306 where Oliver LJ said –

“It is that parties should be encouraged so far as possible to settle their disputes without resort to litigation and should not be discouraged by the knowledge that anything that is said in the course of such negotiations (and that includes, of course, as much the failure to reply to an offer as an actual reply) may be used to their prejudice in the course of the proceedings. They should, as it was expressed by Clauson J in Scott Paper Co v Drayton Paper Works Ltd (1927) 44 RPC 151 at 157, be encouraged freely and frankly to put their cards on the table.”

Thus, don’t make the mistake of seeking to have a without prejudice discussion with your employer until the appeal stage, viz: being at the very end of your appeal letter

Sam Stone and his wife Amy are employment consultants with 26 years combined experience. Over the last decade Sam and Amy have helped thousands of clients with employment disputes. Sam and Amy can assist you in obviating the common mistakes, which they often see employees make when writing a letter of grievance. You only get one chance to get your letter of grievance right, so make sure you do just that!

Sam & Amy have created some new webpages for 2026 for you to look at:

• 20 Hot Tips on how to write a grievance letter.
• Free grievance letter example for ‘work-related stress, bullying, harassment and discrimination’.
• What not to say in a grievance meeting.
• How to win a grievance appeal.
• How to fight and beat a Performance Improvement Plan.
• Covert recordings.
• Pregnancy & Maternity Discrimination.
• Whistleblowing

Sam and Amy can have a telephone consultation with you or write you a custom letter of grievance if:

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• You want to know what not to say to occupational health UK.
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Reach out to Sam & Amy at: myrightsuk@protonmail.com or call during working hours 9-5 on 07775943414.

Sam and Amy charge £35 for an initial telephone consultation up to one hour, and £50 an hour thereafter.