What Without Prejudice Means
A settlement offer arrived marked without prejudice and you are unsure what that changes.
Without prejudice sounds like a warning, but it protects an honest settlement conversation between you and your employer.
What it means
It marks a discussion as a genuine attempt to settle a dispute. What is said in it usually cannot be used as evidence against either side later.
This lets both sides discuss terms openly, without every word counting as an admission.
Why it matters to you
Knowing about this protection lets you hear out an offer without fearing that every word will be used against you.
The protection has limits that depend on the facts, so have a lawyer review any offer before you agree to terms.
Can what you say be used later
Real settlement talk is protected. A clear admission that has nothing to do with the settlement may not be.
If an offer follows, settlement and negotiation explains how to weigh it.
Whether or not you settle, check your 60-day filing window on the deadline calculator so it does not lapse while talks continue.
If you received a without prejudice offer and want a lawyer to act, an independent employment lawyer can review your facts. They can tell you whether it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Can what I say in a without prejudice conversation still hurt my case?
The label exists to keep genuine settlement talks out of evidence. It covers real settlement talk, not every remark made during the meeting.
Does my employer have to label something without prejudice for it to count?
The label makes the intention clear, but what matters is whether the conversation was genuinely a settlement discussion, not the words used to describe it.
Keep reading
If you received a without prejudice offer and want a lawyer to act, an independent employment lawyer can review your facts. They can tell you whether it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.