A solicitors’ letter proposing settlement of an ET claim was inadmissible in evidence at the final hearing by application of the ‘without prejudice’ rule. The protection was not displaced by the letter containing exaggerated allegations by the employer that the employee had committed serious misconduct with potential criminal and/or regulatory consequences. Where there was an arguable basis for the allegations, an Employment Judge at a preliminary hearing without oral evidence was not in a position to rule that the letter amounted to ‘unambiguous impropriety
Citations:
[2022] EAT 78
Links:
Jurisdiction:
England and Wales
Employment
Updated: 29 June 2022; Ref: scu.678248
