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www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 Without prejudice communications – the do’s and don’ts Neil Emery November 2012
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 2 Definition “Without abandonment of a claim, privilege, or right, and without implying an admission of liability”. When used in a document or letter, without prejudice means that what follows: cannot be used as evidence in a court case; cannot be taken as the signatory’s last word on the subject matter and; cannot be used as precedent. 2
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 3 Dangers of raising too early BNP Paribas v Mezzotero Genuine dispute Equality of arms Billington v Michael Hunter and Sons Ltd Risk of offering settlement agreements Constructive dismissal Woodward v Santander UK plc Discussion of Mezzotero 3
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 4 Beecroft Report Recommendations on reforming Britain’s law and regulations: Compulsory no fault dismissal Watering down TUPE Stopping spread of flexible working Collective redundancies 4
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 5 Settlement Agreements Vince Cable reforming the employment system. Settlement agreements; the new compromise agreements? Putting government into the employment relationship? 5
www.whitehead-monckton.co.uk ©Whitehead Monckton 2012 6 Neil Emery Associate email@example.com 01622 698047 6
©Whitehead Monckton 2012 Forthcoming Legislation Update Caroline Geater November 2012.
©Whitehead Monckton Agency Workers Regulations 2010 Neil Emery October
©Whitehead Monckton Agency workers and self- employed contractors – when casual workers can become anything but Neil.
©Whitehead Monckton Legal implications of the Hoo issue What is different now Vicky Stoodley October
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©Whitehead Monckton 2012 Secured Borrowing for Charities Janet Goode Partner Head of Commercial October 2012.
©Whitehead Monckton 2012 A Practical Overview of the Rationale and Process of Joint Ventures Janet Goode and Dan Tozer October.
Conducting an Investigation Presented by Alexandra Goldie Employment Law Adviser.
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LEGAL 101 – Two Favourite Concepts: 1.Without Prejudice and 2.Client Legal Privilege THINK.CHANGE.DO.
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© 2006 Prentice Hall Ch. 4-1 THE LEGAL ENVIRONMENT OF BUSINESS A Critical Thinking Approach Fourth Edition Nancy K. Kubasek Bartley A. Brennan M. Neil.
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Order granting a motion to dismiss under 12(b)(1) – lack of subject matter jurisdiction? Order granting a motion to dismiss under 12(b)(2) – lack of personal.
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Campaigning for employment rights Hannah Reed Senior Employment Rights Officer.
Employee Status Definition of employee Art 3(1) ERO - "employee" means an individual who has entered into or works under (or, where the employment has.
Workplace Disputes Topic 4: Human Resources Strategies in human resource management.
©Whitehead Monckton 2012 Corporate Social Responsibility Case study Kerin Speedie, Partner Whitehead Monckton Louise Wright,
Key employment issues for reorganisations: UK and EU perspectives Melanie Lane Manteo Eisenlohr.
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Occupational health and the law: What’s new? Professor Diana Kloss barrister.
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PEOPLE RESOURCING Chapter Four The Regulatory Environment.
Where next? Hannah Reed Senior Employment Rights Officer.
©Whitehead Monckton 2012 To be or not to be an academy September 2012.
4 Atypical contracts and the variation of contracts.
BUSINESS LAW LECTURE 2 PARTNERSHIPS. WHAT ARE WE GOING TO STUDY? What is a partnership? The regulation of a partnership The relationship between partners’
Practice Direction 6 Revisited Damian Gordon Barrister at Law.
12/05/2015 Forced Labour: current issues & debates The likely impact of recent employment law and ET reforms on vulnerable workers in the UK Richard Dunstan,
Civil Proceedings Criminal Proceedings.
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Energy for the Future Belene Nuclear Power Plant Project Status.
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CHAPTER 17 Information and consultation. The EU is trying to harmonise the approach to consultation of employees across Member States. The harmonisation.
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Chapter 8. A civil action relates to an act or omission that infringes the rights of a person, group or government instrumentality and seeks to return.
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