Well, that’s settled then: Risks of losing without prejudice privilege
Main image
Without prejudice

Nick Marshall is a managing associate at Linklaters

Parties to litigation have long been encouraged to settle their differences before claims make their way to a hearing. Employment disputes are no different. In England and Wales, Rule 3 of the Employment Tribunals Rules of Procedure 2013 places a specific duty on Employment Tribunals to encourage parties to make use of appropriate means to resolve their disputes by agreement. However, employers and employees must be wary of the pitfalls when conducting settlement negotiations.