A Calderbank Offer is also known as “Without Prejudice Save as to Costs/Subject to Costs”. It is an offer from a party to a dispute to settle the dispute. It puts the party on notice that if the claim goes to the Employment Tribunal (ET) and that party loses or is awarded less than what was offered in the Calderbank letter, the party who made the offer would be entitled to make a claim for costs against the party who turned it down. This is because if the offer had been accepted then the parties would not have had to expend time and money taking the matter to the employment tribunal.
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