Without prejudice
Plain-English definitions for England and Wales. General information, not legal advice. Laws and figures change - always check the current position on GOV.UK.
Without prejudice A legal rule that protects genuine attempts to settle an existing dispute from being shown to a tribunal. For it to apply there usually has to be a real dispute already in existence between the parties.
Related terms
- Protected conversation
- A pre-termination settlement discussion that, under section 111A of the Employment Rights Act 1996, generally cannot be referred to in an ordinary unfair dismissal claim - even if there is no existing dispute. The protection does not cover discrimination, automatic unfair dismissal or whistleblowing claims, and is lost where there has been improper behaviour.
- Settlement agreement
- A legally binding agreement in which an employee waives certain employment claims, usually in return for a payment. To be valid it must meet statutory conditions, including that the employee received independent legal advice on its terms.
Not sure how this applies to you?
Ari helps you turn the jargon into a plain plan - what your situation is, what your options are, and what to do next.
Start your case