‘Without Prejudice’ letter before action where a claimant is unrepresented

See our page on Negotiating a settlement and  ‘Without Prejudice’ letters.

The following is a sample ‘Without Prejudice’ letter based on the case described in Precedent 1.

Dear (Venables / Group Director, H.R. – whoever seems best)

WITHOUT PREJUDICE PRE-TERMINATION PROPOSAL 

I am very upset and disappointed by my recent dismissal on [DATE], which I believe and have previously explained was due to my pregnancy.  

I am considering whether to bring a tribunal claim for sex discrimination and unfair dismissal. Before I do this, I am writing to you, on a confidential and without prejudice basis, to see whether there is a possibility of a negotiated settlement. My working relationship with the hotel was very good prior to my pregnancy and a settlement would be a more amicable way to bring the relationship to an end.   

I intend this letter to be covered by section 111A of the Employment Rights Act 1996 and it is made on a without prejudice basis.  I understand that this means the offer I make and any subsequent discussion about it may not be admissible should we be unable to agree terms and I choose to challenge the fairness of my dismissal.   

I have to take into account my financial position and the problems which my dismissal will cause me. It is very hard to find a new job when you are pregnant or when you have a new baby. I feel that my dismissal will set back my future career on a long-term basis, with many years of lost earnings. I also feel very hurt by the way I have been treated.   

However, in a spirit of compromise, I will agree not to pursue any employment tribunal claim if you agree to: 

• pay me one year’s gross salary; 
• provide me with an agreed reference 

Also, I believe that another 4 weeks’ notice pay is due. Based on my length of service, my statutory minimum notice entitlement is 8 weeks, but only 4 weeks has been paid so far. 

Please let me know within 10 calendar days of the date of this letter whether you wish to take up my suggestion. If this proposal is agreeable, I understand it would need to be documented in a settlement agreement which I would need to take independent legal advice on. I would expect the hotel to pay my legal fees in obtaining this legal advice. 

If no agreement is possible, regrettably I will have to take my case to an employment tribunal. 

I look forward to hearing from you. 

Yours sincerely, 

(claimant)  

This advice applies in England and Wales. If you live in another part of the UK, the law may differ. Although there are a single set of rules which govern the whole of Great Britain covering Tribunal practice and procedure, there are differences in the way that Scottish tribunals exercise their discretion regarding procedure. For guides, information and resources about employment tribunals in Scotland, see The Scottish Courts and Tribunals Service.  Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

If you have further questions and would like to contact our advice team please use our advice contact form below or call us.

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