The Without Prejudice rule prevents statements made in a genuine attempt to settle an existing dispute from being put before a court or Tribunal as evidence. However, in order to attract this protection in an employment context there must already be a dispute between the parties at the point the first Without Prejudice communication is made. In practice it can be difficult to identify what will constitute a dispute for these purposes, particularly as a grievance or disciplinary process alone may not constitute a dispute.
Jane Klauber, partner in the charity and social business team, looks at the recent Portnykh v Nomura International Plc case.
Without Prejudice Conversations - June 2014.pdf