The End of ‘Without Prejudice’ Discussions?

Employers will often have "without prejudice" conversations with employees in the context of ‘managing out’ an employee where no dispute between the employee and the employer has actually arisen. However, such conversations are technically admissible in proceedings.

Employers will now need to be particularly careful when holding such conversations following the Employment Appeal Tribunal’s ("EAT") recent decision in BNP Paribas v Mezzotero.

Ms Mezzotero raised a grievance following her return from maternity leave. Her employer held a "without prejudice" meeting with her and offered her a termination payment if she agreed to leave the bank. Ms Mezzotero filed a claim of sex discrimination and victimisation in the Employment Tribunal. In her claim she referred to the termination meeting. The EAT decided that these allegations were admissible in evidence as the employer had abused the "without prejudice" rule.