Without prejudice letter

It is a letter to your employer proposing terms to settle a dispute. Communications made in a genuine attempt to settle an existing dispute generally cannot be shown to an Employment Tribunal as evidence.

“Without prejudice” is a legal term which means that any statements, offers or discussions made in the context of settlement negotiations or efforts to resolve a dispute cannot be cited or used as evidence in a court of law.

A separate rule in section 111A of the Employment Rights Act 1996 covers pre-termination negotiations. These are discussions about ending your employment on agreed terms. Section 111A can apply even when there is no dispute yet, but only to an ordinary unfair dismissal claim. It does not apply to discrimination claims or to automatically unfair dismissal claims, such as dismissal for making a protected disclosure. It also does not apply where your employer behaves improperly, for example by putting undue pressure on you to accept.

These rules mean you can negotiate with your employer without weakening your claim. Making a proposal or a counteroffer is not an admission that your claim is weak. If the discussion does not lead to a settlement, you can still bring your claim. The rules have limits, so take advice before you rely on them.

• You can write to your employer first with a settlement proposal, or reply to an offer they have made.
• You do not have to accept the first figure your employer offers.
• The letter states the amount and terms you are asking for.
• It explains why you are asking for them, for example your potential claims and the money you would lose.
• We write the letter for you and head it "Without prejudice".
• You read it and ask for any changes.
• You then send the letter to your employer yourself.

• We explain how the without prejudice rule applies to your conversations and letters with your employer.
• We advise you on what to ask for in the negotiation, whether you are making the first proposal or replying to your employer's offer.
• We review any without prejudice letter your employer has sent you.
• We write your without prejudice letter for you.

No. Clients who have had a Case Assessment pay only for the without prejudice letter package: £250 + VAT for the letter, or £550 + VAT for the letter with two reviews.

Because a settlement proposal depends on the legal strength, work circumstances, and financial value of your claim, a formal Case Assessment is required before drafting your letter.

Yes. The Case Assessment (£149) is added to the package price. Package 1 costs £449 and Package 2 costs £809.

Book a Case Assessment (£149) first. We will confirm whether you have a valid claim before a without prejudice letter is drafted.

The prices that include the Case Assessment apply. If you have received a settlement offer, book the Case Assessment with a without prejudice letter package. If you have not, book the Case Assessment first.

Package 1 is the without prejudice letter only. Package 2 includes the without prejudice letter and up to two reviews of your employer's replies, each with a drafted response.

No. Clients who have had a Case Assessment choose a package and pay at checkout. We draft the without prejudice letter from the Case Assessment.

No. Document Review is feedback on a document you have written. The without prejudice letter is drafted for you.

No. VAT at 20% is added to the letter prices at checkout: £250 + £50 VAT = £300, and £550 + £110 VAT = £660. With a Case Assessment, the totals are £449 and £809.