‘Without Prejudice’ letter before action where a claimant has a representative
You might find it helpful to look at general information about Without Prejudice letters.
The following letter is a sample ‘Without Prejudice’ letter based on the case described in Precedent 1.
Dear (Venables / Group Director, H.R. – whoever seems best)
We have been consulted by Ms Roanne Walker regarding her recent dismissal by Heron Hotels Ltd. The evidence clearly suggests that our client was dismissed because of her pregnancy.
We have advised our client that she is very likely to succeed in a claim at the employment tribunal for sex discrimination and unfair dismissal. Before she embarks on this course, however, we are writing to you to explore the possibility of a negotiated settlement. Our client feels that her working relationship with the hotel was very good prior to her pregnancy and a settlement would be a more pleasant way to bring the relationship to an end.
Our client has had to consider her financial loss in real terms, because of the difficulty of finding a new job when pregnant and with a new baby. Unfortunately it is likely that this dismissal will set back her future career on a long-term basis, with many years of lost earnings. But in a spirit of compromise, and on the basis that you will provide an agreed reference so she can do her best to find fresh employment, our client is willing not to pursue any employment tribunal claim in return for payment of one year’s gross salary.
Please note also that a further 4 weeks’ pay in lieu of notice is due. Based on her length of service, my client’s statutory minimum notice entitlement is 8 weeks, but only 4 weeks has been paid so far.
Please let us know within 7 days whether you wish to take up our proposal. If no agreement is possible, regrettably our client will have to take her case to an employment tribunal.