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ARTICLE · 22 MARCH 2023

Termination Letter Was Effective Despite Being Headed "Without Prejudice"

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The case of Meaker v Cyxtera Technology UK Limited serves as an important reminder to employers of the importance of ensuring that letters of dismissal are appropriately clear...

United KingdomEmployment and HR
Ruth Neligan
Ruth Neligan
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The case of Meaker v Cyxtera Technology UK Limited serves as an important reminder to employers of the importance of ensuring that letters of dismissal are appropriately clear and unambiguous. The employer in this case wanted to rely on a letter it had sent to an employee referring to a termination date but which was marked "without prejudice" and enclosed a settlement agreement. The employee argued it could not be effective as a termination notice since he rejected the settlement offer.

The employee in the case was employed in a manual labour role. He suffered back injuries in 2018, resulting in an extended absence. In 2019, it was agreed that his injuries would likely permanently limit his ability to carry out his role and an application was made for income protection payments, but this was unsuccessful. On 7 January 2020, the employer first raised the possibility of dismissing the employee and asked him to sign a settlement agreement. Then, on 5 February 2020,

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