Employment Lawyers Can Answer Your Employment Law Questions
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.
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
Where parties are trying to settle issues out of court and want each one to discuss freely , they opt for without prejudice conversation.
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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.
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
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.
Yes, they are protecting themselves .
From further legal action by you.
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.
So, this without prejudice route has been taken by your employer.
You can negotiate settlement amount here, as you have slight advantage here.
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
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.
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.
So the settlement amount would be this 3 months salary , plus .
You should aim for at least 6-12 months salary.
You can always ask for time to think about the settlement amount.
If you need further assistance, please let me know.
Thank you and all the best.
My pleasure , all the very best.