Settlement agreements

Know where you stand
before the meeting.

Being invited to a without prejudice conversation can come as a shock. Stay calm and take advice early, so you understand your position before any terms are agreed.

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What the conversation means

Being invited to a without prejudice conversation at work can come as a shock, particularly if you were not expecting it. Many employees worry that dismissal is around the corner, while others are unsure what the phrase even means. In reality, it is a commonly used legal tool that allows employers and employees to discuss resolving a workplace dispute, often through a settlement agreement.

A without prejudice conversation usually takes place where there is an existing disagreement or potential dispute. The aim is to explore whether the issue can be resolved without a formal disciplinary process or an employment tribunal claim. What is said cannot usually be relied on as evidence in later proceedings, which encourages open discussion of compensation, notice arrangements and agreed exit terms.

That protection is not automatic or unlimited. There must be a real dispute, and the discussion must be conducted appropriately. Threats, undue pressure, discrimination or misleading statements can remove the protection. Separately, the law allows protected conversations about ending employment under section 111A of the Employment Rights Act 1996, but these only apply to ordinary unfair dismissal claims.

If you are invited to one of these meetings, remain calm and seek legal advice urgently. These conversations can work in your favour, but only if handled properly and with a clear understanding of your legal position. You do not have to agree anything in the meeting itself, and any proposal can be put in writing for you to take advice on.

What we do for you

Usually linked to an offer of a settlement agreement
Protection depends on a real dispute and fair conduct
Pressure, threats or discrimination can remove the protection
You do not have to agree anything in the meeting
Take advice before you respond to any offer

How we can help

We help you understand where you stand before and after the conversation.

Before the meeting
What to expect, what to listen for and what not to agree on the spot.
Your legal position
Any claims you may have and how they affect the strength of your position.
Whether protection applies
Whether the conversation was conducted appropriately, or the protection may have been lost.
The offer
Whether the terms put to you look reasonable for your circumstances.
The agreement
Advice on the settlement agreement that usually follows, and negotiation if needed.

What to do next

The earlier you take advice, the more options you are likely to have.

Stay calm

You do not have to accept anything in the meeting. Listen, take notes and ask for any offer in writing.
Call us

Call our employment team on 01582 853 783 as soon as you can, ideally before the meeting.
We assess your position

We look at what has happened, any claims you may have and what has been offered.
We advise and act

We advise on your options and, on your instructions, respond to your employer or review the settlement agreement.

Key contact

Dean Garrett

Settlement agreements and employment

Dean has been with the firm for over 10 years, working across criminal defence, employment law and civil litigation. During that time, he has built substantial experience handling complex and high-profile matters, from serious criminal and regulatory cases to employment disputes and settlement agreements.

His employment practice includes settlement agreements, unfair dismissal, discrimination, TUPE, contractual disputes and human rights issues. Dean regularly advises employees on proposed settlement agreements, scrutinising the terms, identifying potential claims and ensuring clients understand both the value of what is being offered and the rights they are being asked to give up. Where appropriate, he advises on negotiating improved terms and protecting a client’s position before an agreement is signed.

Over 10 years with the firm
Settlement agreements and employment disputes
Criminal defence and civil litigation

24-hour line 01582 853 783 Request a callback

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Questions people ask

General information, not advice on your case. For that, speak to us — the first conversation costs nothing.

Does a without prejudice meeting mean I am being dismissed?

Not necessarily. It means your employer wants to explore resolving a dispute, often by agreeing terms for you to leave. Nothing is decided until you agree to it.

Can what is said in the meeting be used later?

Generally, what is said in a genuine without prejudice discussion cannot be relied on as evidence in later proceedings. The protection is not absolute, and threats, undue pressure, discrimination or misleading statements can remove it.

What is the difference between without prejudice and a protected conversation?

Without prejudice protection generally needs an existing dispute between you and your employer. A protected conversation under section 111A of the Employment Rights Act 1996 can take place without one, but its protection only applies to ordinary unfair dismissal claims and can be lost through improper behaviour.

Should I sign anything in the meeting?

No. Ask for any proposal in writing and take advice first. A settlement agreement only settles your statutory claims once you have received independent legal advice on it.

Nothing on this page is legal advice, and no solicitor–client relationship is created by reading it. Every case turns on its own facts.

Tell us what has happened.

The first conversation costs nothing and commits you to nothing. Two offices, one emergency line, and a solicitor at the end of it.

Luton office

01582 853 783

43 Windmill Road
Luton LU1 3XL

9am to 5.30pm, Monday to Friday

London office

0208 528 1019

107–111 Fleet Street
London EC4A 2AB

9am to 5.30pm, Monday to Friday

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Say nothing until we are sitting beside you. Before you answer anything, call us. You should not face that interview alone. Do not go in there without a solicitor. Two in the morning is when we work hardest. You reach a solicitor, not a call centre.

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Know where you stand
before the meeting.