Without prejudice letter examples & templates

Without prejudice letter templates and examples can help to get you a settlement agreement in your dispute with your UK employer. It may be that you’ve received a without prejudice letter from your employer and you need to know how to react. Or you may want to take the initiative and send a without prejudice letter of your own to your employer, in which case you can use the free examples below. They are written by us, so your employer will think that you’ve hired lawyers – this makes it much easier to obtain a negotiated settlement agreement exit package.

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a) Commission & bonus unpaid  View template

This without prejudice letter template is great to send to your employer when they owe you specific sums of money, such as commission payments or bonus payments, which you can identify in a list. To help focus their minds, why not attach a draft ‘ET1′ employment tribunal claim form – not only does this help to make it more real for them, but it is also useful preparation for you, as you may need to issue a claim if this letter doesn’t produce results.

b) Sham redundancy selection  View template

This without prejudice letter template is a polite yet firm letter which was used in a case of constructive dismissal and disability discrimination, prior to the issue of employment tribunal proceedings. It is often good to try to prevent claims before they start, with the suggestion of a reasonable out of court settlement. Possible claims here include constructive dismissal, whistleblowing and disability discrimination.

c) Explaining the tax benefits of early settlement  View template

With this without prejudice letter template you can be speaking their language and explaining to the employer why they would make significant tax savings themselves just by agreeing to your without prejudice offer and signing a settlement agreement with you.

d) Sham redundancy – no real decrease in work, bullying, stress View template

This without prejudice letter template concerns an employee who is being made redundant when there is no real decrease in his workload. He had previous complained of bullying and harassment and then singled out for redundancy, when in fact his employer wanted to unfairly dismiss him.

e) Made redundant whilst on maternity leave View template

This without prejudice letter was written by us for a client who was told that she was being made redundant whilst she was on maternity leave (an all too common occurrence unfortunately). The employer tried to misrepresent her job role, saying that she was admin support, whereas in fact her appraisals showed that her role was more managerial. Furthermore she was not put in a pool with other employees, or offered meaningful alternative employment.

f) Dismissed and reinstated on appeal resigned View template

This without prejudice letter template was sent by us for our client who was suspended pending a disciplinary investigation, and then dismissed. He was reinstated when he appealed the disciplinary decision, but then he resigned and issued a claim in the Employment Tribunal for constructive dismissal, on the basis that the employer’s conduct of the disciplinary process was enough to breach the duty of mutual trust and confidence.

g) Requesting release from restrictive coventants after whistleblowing View template

In this without prejudice letter, the background is that our client below the whistle on fraud which he discovered, and an investigation commenced. Meanwhile he was offered a settlement agreement of 2 months’ ex gratia pay. In this letter he responds with an offer to accept 8 months’ pay and also writes about the restrictive covenants in his contract of employment, which are too wide. He asks to be released from several of these restrictive covenants, and to have others narrowed in effect.

h) Off sick with stress after bullying by line manager View template

In this without prejudice letter, the background is that client was subjected to bullying by her line manager and adverse comments made both in the office and on Facebook. This, combined with an increased workload, lead her to be signed off sick with stress. She now makes the first move to request an exit with a settlement agreement, asking for an ex gratia payment of 6 months’ salary, but contractual benefits such as notice pay.

 

i) Whistleblowing, Victimisation & Detriments: Without prejudice letter: View template

This ‘without prejudice’ letter is from a whistleblowing case whereby the two employees have blown the whistle on corruption and/or malpractice within the employer. They were then subjected to a campaign of detriments and victimisation as a result. Here we write to their employer, setting out the merits of their case, and asking for a favourable settlement agreement exit package.

 

j) Without prejudice letter for TUPE, redundancy and corporate takeover: View template

In this free without prejudice letter example, our client was employed with great success for 8 years, but then his company was taken over by a large corporation. Shortly after that he was ‘made redundant’, although of course this was tantamount to unfair dismissal, and he should have been protected by the ‘TUPE‘ legislation. Here we write to the employer asking for a settlement agreement exit package.