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Without Prejudice Communications and Discussions


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The Without Prejudice Rule

This rule applies where in a dispute with your employer, any verbal or written communications between you that are aimed at genuinely resolving the issue are off the record and cannot usually be shown to an Employment Tribunal or Court.  It is a principle developed by the common law to encourage people to be frank and open during settlement discussions without compromising their prospective Employment Tribunal or Court case if they are not able to agree.

Settlement communications and conversations can be covered by the without prejudice rule even if they have not been described by

Last Updated: [06/01/2022]