Without prejudice meetings

Without prejudice meetings are used to discuss negotiations between employers and employees.

Our employment solicitors have produced guidance to employees on how to deal with without prejudice meetings and their follow-up

Call us Request a callback

christian-battaglia-BckPaTv1RZ8-unsplash

What is a without prejudice meeting?

A without prejudice meeting is a confidential discussion between an employer and an employee aimed at resolving workplace disputes or discussing potential exit terms. The phrase “without prejudice” means that any statements made during the meeting cannot be used as evidence in an Employment Tribunal or court, provided they are part of genuine settlement negotiations.

Without prejudice meetings often serve as a platform to discuss matters such as redundancy packages, settlement agreements, or the terms of an employee’s departure in a confidential and constructive manner.

Further reading: what does without prejudice mean?

Why do employers offer without prejudice meetings?

Employers may propose a without prejudice meeting for several reasons, including:

To avoid lengthy and costly disputes or legal proceedings.
To avoid the time, cost, and management resources involved in dealing with a termination process (whether this is a capability process, disciplinary process, or redundancy situation)
To maintain confidentiality and preserve the employment relationship if no agreement is reached.
To offer an exit package or explore terms for an amicable exit.
To address employee grievances or performance concerns discreetly.

The goal is often to find a resolution that works for both parties without the conflict escalating further.

Read our guides on:

When does a without prejudice meeting normally happen?

Without prejudice meetings typically occur where employers are considering the following options:

Redundancy situations: when an employer is considering redundancies and wants to explore voluntary exit terms.
Workplace disputes: to resolve grievances, discrimination complaints, or other disputes before they escalate.
Performance concerns: when an employer believes an employee is underperforming and wants to offer an exit package rather than going through a formal performance improvement process.
Disciplinary proceedings: to avoid the potential fallout from formal disciplinary actions, and to avoid the time and cost necessary for management to deal with disciplinary processes

These meetings often occur at the following stages (among others):

Where an employee has suggested that they might raise a grievance, or that they will or have raised a formal grievance
Where an employer is considering starting, or has started, a disciplinary process
Where an employer is considering starting, or has just started, a performance improvement process (or, sometimes, when the employer has completed the performance improvement process)

Is it compulsory for me to attend a without prejudice meeting?

No, attending a without prejudice meeting is not compulsory. However, it may be in your best interest to participate, especially if the meeting could lead to a favourable resolution or a financial settlement. It is therefore generally recommended that if your employer has made a without prejudice offer, or if they have proposed a without prejudice meeting, that you take the time to consider the offer or attend the meeting: without prejudice meetings can be a good ‘exit ramp’ to your employment and you don’t have to accept an offer if made; there is generally therefore little downside to having a without prejudice meeting, and significant potential upside (particularly if the parties then agree settlement agreement terms).

Refusing to attend could mean missing an opportunity to negotiate terms or address workplace issues.

If you’re unsure, seek legal advice to understand your options and rights before deciding whether to attend.

Can I be accompanied to a without prejudice meeting?

There is sometimes the right to be accompanied to a workplace meeting – for example, if your employer has invited you to a formal disciplinary or grievance meeting (in which case you are legally entitled to bring a workplace colleague or trade union official with you).

While there is no legal right to be accompanied to a without prejudice meeting, many employers will allow it if you ask for it. You can request to bring a:

Workplace colleague
Trade union representative
Family member or friend
Legal adviser or solicitor (if the employer agrees)

Having someone with you can provide support, take notes, and ensure you understand the discussions.

How should I prepare for a without prejudice meeting?

Preparation is key to making the most of a without prejudice meeting. Consider the following steps:

Understand your rights: familiarize yourself with the without prejudice principle and its implications.
Gather evidence: collect any relevant documents, such as employment contracts, emails, or performance reviews, to support your position.
Understand your employer’s position: take the time to consider why your employer is starting the process, what arguments they may make, and what arguments you can make in return.
Clarify your goals: think about what you want to achieve from the meeting, such as a specific financial settlement or reference terms.
Seek legal advice: consult an employment solicitor to understand your options and receive guidance on negotiating effectively. If a without prejudice offer is agreed then your employer will generally pay a contribution towards your legal costs if you enter into a settlement agreement
Practice your responses: Prepare for potential questions or counterarguments from your employer.

It is often a good idea to discuss the situation and next steps with an employment lawyer before attending the meeting, in order to best prepare yourself.

How should I deal with the without prejudice meeting?

During the meeting, it’s important to remain calm, professional, and focused. Here are some tips:

Listen carefully: take note of what your employer is offering and their reasons, make sure you fully understand what is happening.
Ask questions: clarify any points you don’t understand or need more information about. Ask your employer to send you the offer in writing.
Avoid confrontation: keep the discussion constructive and avoid emotional responses. You don’t want to react badly to the conversation and potentially have misconduct allegations put to you (for example, if you become angry and swear at the people in the meeting).
Take notes: record key points for future reference.
Don’t feel pressured: you are not obligated to agree to any offer immediately. Take your time to consider your options. Discuss with your legal adviser, your family, and friends as appropriate.

What happens after a without prejudice meeting?

Following the meeting, the employer may provide a written summary of the discussions and/or a formal settlement agreement outlining their offer. This document will typically include details such as:

Financial compensation (for example, what ex-gratia compensation you may be offered or details of an enhanced redundancy package)
Notice periods (how your notice period will be dealt with, whether you are going to be paid in lieu of notice
Confidentiality terms (who you can discuss the settlement offer and settlement agreement with, and who you’re not allowed to discuss it with, for example)
Reference terms (what form of reference you should receive)

You should review this carefully and seek legal expert legal advice on the offer and any agreement, as an employment lawyer can help you understand your agreement and, if you wish to, negotiate a counter-offer.

A settlement agreement is not legally enforceable if you do not receive independent legal advice on the terms and effect of a settlement agreement before signing it.

How should I respond to an offer made in a without prejudice meeting?

If your employer makes an offer during or after the meeting, consider the following:

Evaluate the offer: Assess whether the terms are objectively fair and, further, align with your goals – even if the offer is fair you have to consider whether it works for you. Compare the offer being made to you to your legal entitlements, such as statutory redundancy pay, notice periods, and other benefits that you’re entitled to under your contract of employment.
Seek legal advice: Consult an employment solicitor to understand the implications of the offer and whether you can negotiate better terms.
Negotiate: If the offer is not satisfactory, you can propose amendments, try to increase the ex-gratia offer made, or request additional terms.
Take your time: Don’t rush into a decision. Ensure you fully understand the offer and its consequences before accepting or rejecting it.
Be polite: there is generally nothing to be gained by being aggressive with your employer, and you have to carefully consider what leverage you have if you are considering playing ‘hardball’. It generally pays to be diplomatic and courteous when negotiating.

Further reading: negotiating your settlement agreement – 10 top tips

Can I request a without prejudice meeting with my employer?

Yes, employees can request a without prejudice meeting if they wish to discuss potential exit terms or resolve workplace disputes. When making the request:

Be clear about the purpose of the meeting and what you hope to achieve.
Put forward a specific offer to your employer – being vague about what you’re offering can only confuse the negotiations.
It is generally a good idea to make a first offer which exceeds the value of what you’d be prepared to accept, so that you can ‘negotiate down’ to a figure that you’d be happy to take.
Ensure that your employer agrees to the meeting being conducted on a without prejudice basis.
Prepare thoroughly to ensure you’re in a strong position to negotiate.

A without prejudice meeting can be a valuable opportunity to resolve issues amicably and secure favourable terms for your departure.

Next steps

If you want to discuss an issue relating to a without prejudice then you can contact one of our specialist employment lawyers using the following details: