Discussions between an employer and an employee are “without prejudice” where the discussion is with a view to settling an existing claim. This means that, where there is an Employment Tribunal claim, or a dispute that might lead to one, discussions to resolve this can be kept away from a Court or Tribunal.

The without prejudice rule will not apply where there is “unambiguous impropriety”, for instance, where the discussion involves an act of discrimination. Furthermore, the rule will not apply where there is no existing dispute.

See also settlement agreements, compromise agreements and pre-termination negotiations.

Share this definition on

Other employment law terms

  1. ACAS Early Conciliation
  2. Adoption appointments
  3. Adoption leave
  4. Alternative dispute resolution
  5. Ante-natal care
  6. Apprenticeship
  7. Basic award
  8. Collective consultation
  9. Compensatory award
  10. Compromise agreement
  11. Constructive dismissal
  12. Contract of employment
  13. Disciplinary hearing
  14. Discrimination
  15. Employee shareholder
  16. Employment tribunal
  17. ETO reason
  18. Flexible working requests
  19. Grievance
  20. Gross misconduct
  21. Harassment
  22. Industrial action
  23. Injury to feelings
  24. Maternity and parental rights
  25. Maternity leave
  26. Maternity pay
  27. Mediation
  28. Parental leave
  29. Paternity leave and pay
  30. Polkey deduction
  31. Pre-termination negotiations
  32. Protected characteristics
  33. Redundancy
  34. Restrictive covenants
  35. Settlement agreement
  36. Shared parental leave
  37. Staff handbook
  38. Statutory annual leave
  39. Strikes
  40. Study and training rights
  41. Summary dismissal
  42. Sunday working
  43. Trade union
  44. TUPE
  45. Unfair dismissal
  46. Unlawful deductions
  47. Victimisation
  48. Whistle-blowing
  49. Working Time Regulations
  50. Written particulars
  51. Wrongful dismissal
  52. Zero hours contracts