‘Without Prejudice’ letter before action where a claimant is unrepresented
You might find it helpful to look at general information about ‘Without Prejudice’ letters.
The following is a sample ‘Without Prejudice’ letter based on the case described in Precedent 1.
Dear (Venables / Group Director, H.R. – whoever seems best)
I am very upset and disappointed by my recent dismissal, which I believe was due to my pregnancy. I am considering whether to bring a tribunal claim for sex discrimination and unfair dismissal. However, before I do this, I am writing to you to see whether there is a possibility of a negotiated settlement. I feel my working relationship with the hotel was very good prior to my pregnancy and a settlement would be a more pleasant way to bring the relationship to an end.
I have to take into account my financial position and the problems which my dismissal will cause me. It is very hard to find a new job when you are pregnant or when you have a new baby. I feel that my dismissal will set back my future career on a long-term basis, with many years of lost earnings. But in a spirit of compromise, and if you provide an agreed reference so I can do my best to find a new job, I am willing not to pursue any employment tribunal claim in return for payment of one year’s gross salary.
Also, I believe that another 4 weeks’ notice pay is due. Based on my length of service, my statutory minimum notice entitlement is 8 weeks, but only 4 weeks has been paid so far.
Please let me know within 7 days whether you wish to take up my suggestion. If no agreement is possible, regrettably I will have to take my case to an employment tribunal.