This case at the EAT held an Employment Tribunal was wrong to consider evidence of discussions during without prejudice negotiations and reduce the employee’s award on the basis that if they hadn’t been unfairly dismissed, a compromise agreement might have been reached which would have terminated the employee’s employment in any event.

Although not a decision the Employer will appreciate in this case, employers generally will be pleased to see that where there is a genuine dispute to be settled, without prejudice talks with an employee can be genuinely without prejudice and not admissible in Tribunal.