'Without Prejudice' Conversations - Risks and Pitfalls

Posted in : LK Shields on Employment Law on 14 August 2012
Susan Battye
LK Shields
Issues covered:

Many employers are of the view that once the employer states that a conversation with an employee is "off the record" or "without prejudice" anything that is said during that conversation cannot be disclosed by the employee in any subsequent legal proceedings. This is not the case.

The “without prejudice” rule

In general, the without prejudice rule prevents the parties to a dispute from disclosing any previous negotiations (oral or written), which genuinely attempt to settle that dispute, in subsequent legal proceedings. Normally, without prejudice discussions occur between lawyers for parties in a dispute, but they can occur between the parties themselves. However, difficulties often arise

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This article is correct at 06/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Susan Battye
LK Shields

The main content of this article was provided by Susan Battye. Contact telephone number is +353 1 661 0866 or email sbattye@lkshields.ie

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