Employment Law Without Prejudice Discussions In Clark
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FAQ
How long does it take to finalise the agreement? We can usually turn this around within days with the co-operation of your employer, but it can take up to a week or longer for more protracted negotiations. This is especially the case if there is no consensus on some core issues.
Whereas a case that is dismissed “with prejudice” is dismissed permanently, a case that is dismissed “without prejudice” is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
'Without Prejudice' allows both parties to be transparent in negotiations without fear of exposure in Court. It's important for parties to know that they can be honest and provide confidential information without the opposing side using this information against them down the track.
What is a protected conversation? A “protected conversation” gives your employer the right to enter into off-the-record conversations with you (without there being an existing dispute), and where a proposal can be made leading to the termination of your employment.
The simple answer to this is “yes” – there is nothing in the legislation which states that only an employer can ask to have a protected conversation with an employee.
Without prejudice meaning In general, a party's admission to something can be used against them in court. The without prejudice (WP) rule means that statements which are made in a genuine attempt to settle a dispute cannot be used in court as evidence of admissions against the party that made them.
There is no harm in agreeing to have a protected conversation. Go, take notes and clarify any points that have been made. If your employer does offer you a settlement, take time to reflect and seek advice, do not agree to it in the meeting.
If the Protected Conversation has been sprung on you without warning, the best response is to say as little as possible and take full and detailed notes of what is being put to you. This would include any comments about why your employer wants to start a Protected Conversation to end your employment.
Best practice would be to invite the employee to a meeting for an initial discussion. The important words to say or write at the start of any communication is that you are having a protected conversation (and ideally, state that it is being carried out pursuant to Section 111A of the Employment Rights Act 1996).
Related Content. The without prejudice (WP) rule will generally prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interests of the party which made them.
