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Vineet S
Vineet S,
Category: Employment Law
Satisfied Customers: 1673
Experience:  Freelance Solicitor at Self Employed
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I would appreciate if you could give me some advice about my

Customer Question

Hello,
JA: Hi. How can I help?
Customer: My name is ***** ***** I would appreciate if you could give me some advice about my employer who arrange with me a "Conversation without prejudice" I've been informed about this just after two days of sickness due to stress at work. The employer is saying now that he is not satisfied with my performance, but the annual review has not yet been taken place and is scheduled for Decemeber the 1st
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: my boss' boss asked for a meeting to discuss this and asked if i want the without hthe prejudice call
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, no i don't belong to an union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no, that's fine for now
Submitted: 19 days ago.
Category: Employment Law
Expert:  Vineet S replied 19 days ago.

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Customer: replied 19 days ago.
great, thank you
Customer: replied 19 days ago.
can we discuss on the chat please?
Expert:  Vineet S replied 19 days ago.

Hi there,

Without prejudice conversation can not be used in the court as evidence.

The without prejudice (WP) rule means that statements which are made in a genuine attempt to settle a dispute cannot be used in court as evidence of admissions against the party that made them

Customer: replied 19 days ago.
hello? could we please discuss on the chat, i can't talk on the phone now
Expert:  Vineet S replied 19 days ago.

Where parties are trying to settle issues out of court and want each one to discuss freely , they opt for without prejudice conversation.

Expert:  Vineet S replied 19 days ago.

please ignore any phone call request pop-up,they get generated automatically without any input from the expert, so I have no control over these requests.

Customer: replied 19 days ago.
Sure
Ok ignore
Expert:  Vineet S replied 19 days ago.

So, the employer might be offering you a financial settlement here. Mostly in such disputes are settled with a financial offer that facilitates the termination.

Expert:  Vineet S replied 19 days ago.

Because without prejudice conversations and statements cannot later be referenced, they are often termed “off the record”. They are off the record in that they cannot later be brought up as part of legal proceedings

Customer: replied 19 days ago.
my question is, why two days after coming back to work off stress from work, this was communicated to me. is it the employer's way of protecting themselves from any claims against them? i didn't even have a formal review
Expert:  Vineet S replied 19 days ago.

Without prejudice conversations are typically used for coming to a pre-termination agreement. The conversation is open and risk-free and allows both parties to discuss a possible settlement, but without it being referred to in a later unfair dismissal claim or employment tribunal.

Customer: replied 19 days ago.
in what respect this conversation cannot be later referenced? is it protecting
Expert:  Vineet S replied 19 days ago.

Yes, they are protecting themselves .

Expert:  Vineet S replied 19 days ago.

From further legal action by you.

Customer: replied 19 days ago.
ok, and in this case, what are usual settlements and timelines to negotiate or expect?
Customer: replied 19 days ago.
what should be my stance in this meeting if i wish to go down the route of amicable exit?
Expert:  Vineet S replied 19 days ago.

They can offer you financial settlement , depending on the length of your service .

However, as you were off-sick, that means your employer can not kick you , if he does that would automatically be an unfair dismissal.

Expert:  Vineet S replied 19 days ago.

So, this without prejudice route has been taken by your employer.

Customer: replied 19 days ago.
Expert:  Vineet S replied 19 days ago.

You can negotiate settlement amount here, as you have slight advantage here.

Customer: replied 19 days ago.
ok?
Customer: replied 19 days ago.
what does it mean? Would Ineed a lawyer present? never been in this situation before
Customer: replied 19 days ago.
what are the usual settlement amounts? i have no idea
Expert:  Vineet S replied 19 days ago.

Your employer can not dismiss you , or discipline you

If the employer has taken action against you for being off-sick, then you would be protected by law against unfair treatment and dismissal if it's because of:

a health condition that's considered a disability under the Equality Act

It does not matter how long you've worked for the employer.

It could be unlawful discrimination if an employer either:

  • unreasonably tries to pressure someone to go to work

  • unreasonably disciplines someone for not going to work

Expert:  Vineet S replied 19 days ago.

there is no upper limit for the settlement amount and the figure is worked out by way of negotiation, so it is up to you and your employer as to how much you should receive.

It would depend on your age, length of service, income,payment in lieu of notice period.

Customer: replied 19 days ago.
ok, but they said they were not happy with my performance, after i came back from stress off work leave (2 days), GP has given me sick note for 2 weeks, but i decided myslef to come back to work, employer does not know about this sick note. Should i mention this? does it make sense to bring up in the without prejudice meeting?
Customer: replied 19 days ago.
do you have any tips for how to negotiate this? and how do i know if they don't try to screw me over with the settlement. I have been with them for over 2 years, my notice period is 3 months
Expert:  Vineet S replied 19 days ago.

You have sick note , you can forward it to the employer.

Your without prejudice conversation should be for the financial settlement .

As previously said, your employer can not sack you , from the given input.

Expert:  Vineet S replied 19 days ago.

So the settlement amount would be this 3 months salary , plus .

You should aim for at least 6-12 months salary.

Expert:  Vineet S replied 19 days ago.

You can always ask for time to think about the settlement amount.

Expert:  Vineet S replied 19 days ago.

If you need further assistance, please let me know.

Thank you and all the best.

Customer: replied 19 days ago.
Thank you for your help
Expert:  Vineet S replied 19 days ago.

My pleasure , all the very best.