This expert guide for employees will give you the tools and knowledge you need to effectively use "without prejudice" to your advantage. It's important to understand what is 'without prejudice' and how it can impact your case if you are an employee who has been treated unfairly at work. Without Prejudice & Protected Conversations are different from each other, but based on the same principle.

Without prejudice is a legal term which means ‘without detriment to any right or claim’. In nonlegal speak, this means that whatever is said or done on a without prejudice basis cannot later be used to your disadvantage should you decide to make a claim in an employment tribunal against your employer.

Protected conversations, on the other hand, are a legal construct that enables your employer to have an ‘off the record’ chat with you and make you an offer to leave the business, without you being able to refer to that conversation in a tribunal claim later.

Employees can use protected conversations too but you’re better off making sure your employer knows you have an issue first, otherwise there is no reason for them to agree to pay you an ex gratia settlement amount. As such, it would be best for you to have a ‘without prejudice’ conversation at the appropriate time, rather than seeking to have a protected conversation before you’ve raised a dispute.


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