‘Without Prejudice’ letter before action where a claimant has a representative

You might find it helpful to look at general information about  Without Prejudice letters.

The following letter 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 AND SUBJECT TO CONTRACT 

We act for Ms Roanne Walker regarding her recent dismissal by Heron Hotels Ltd on [ DATE] . Our client has articulated to you why she considers she was dismissed and that it was because of her pregnancy.   

We have advised our client that she is very likely to succeed in a claim before the employment tribunal for sex discrimination and unfair dismissal. Before she embarks on this course, however, we are writing to you on a without prejudice basis, to explore the possibility of a negotiated settlement. Our client feels that her working relationship with the hotel was very good prior to her pregnancy and a settlement would be a more amicable way to bring the relationship to an end. 

Our client has had to consider her financial loss in real terms, because of the difficulty of finding a new job when pregnant and with a new baby. Unfortunately, it is likely that this dismissal will set back her future career on a long-term basis, with many years of lost earnings. Coupled with this, she has suffered considerable distress from the way she has been treated by the hotel. 

In a spirit of compromise, our client will agree not to pursue any employment tribunal claim if you agree to: 

• pay her one year’s gross salary; 

• provide her with an agreed reference. 

Please note also that a further 4 weeks’ pay in lieu of notice is due. Based on her length of service, my client’s statutory minimum notice entitlement is 8 weeks, but only 4 weeks has been paid so far. 

Please let us know within 10 calendar days whether you wish to take up the proposal. If this proposal is agreeable, it will need to be documented in a settlement agreement which my client will need to receive independent legal advice on. We would expect the hotel to pay her reasonable legal fees in obtaining this legal advice. 

If no agreement is possible, regrettably our client will have to take her case to an employment tribunal. 

Yours sincerely, 

(Claimant’s representatives) 

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. 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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