Writing to your employer to push for a better deal can feel intimidating. What if they use it against you? That's exactly what "without prejudice" is for.

A without prejudice letter is a way of making your employer an offer or raising issues without it being used against you if things don't work out. It's one of the most useful tools in a redundancy negotiation, and you don't need a solicitor to write one.

What "without prejudice" actually means

In plain English, it means "off the record." If you write a letter marked "without prejudice" as part of a genuine attempt to settle a dispute, that letter can't be shown to an employment tribunal or court if the negotiation breaks down.

This matters because it lets you be direct. You can say things like "I believe the redundancy process was flawed because of X, Y, and Z, and I think a fair settlement would be £X" without worrying that your employer will use your letter as evidence against you later.

The rule comes from common law and is well established. But there's an important condition: there has to be a genuine dispute between you and your employer. If there's no disagreement, the "without prejudice" label doesn't protect the letter.

In a redundancy situation, if you believe the process was unfair or your package is too low, that's a dispute. So the protection applies.

When to use it

A without prejudice letter works best when:

  • You've been through the consultation process and you're not happy with the outcome
  • You've identified process failures or other issues with how the redundancy was handled
  • You want to propose a specific settlement figure or package
  • You want to open a negotiation without creating a confrontation
  • You'd rather settle things directly than go through a formal grievance or tribunal

It's not the right approach if you haven't yet been formally notified of redundancy, or if you're still in the early stages of consultation and haven't identified any specific issues.

How to write one

Keep it professional, factual, and specific. Here's the structure.

Mark it clearly. Put "WITHOUT PREJUDICE" at the top of the letter or email, in the subject line, and again at the start of the body text.

State the background briefly. One or two sentences about the situation. "I was informed on [date] that my role is at risk of redundancy" or "I received a settlement agreement on [date]."

Set out your concerns. This is where you explain, calmly and factually, what you think went wrong. Be specific. "I was not consulted individually before the decision was made" is better than "the process was unfair." Reference the legal requirements where you can.

Make your proposal. Be clear about what you want. A specific number is better than "I'd like more." For example: "Taking into account my statutory entitlement of £X, the process concerns I've outlined, and the value of the claims I would be waiving, I believe a fair total package would be £Y."

Set a reasonable deadline. Give them time to consider it, but don't leave it open-ended. Something like "I'd appreciate a response within 14 days" is reasonable.

Keep the door open. End on a professional note. You want to resolve this, not start a war.

What to include in your concerns

The stronger your points, the stronger your negotiating position. Common issues to raise:

  • No individual consultation or consultation that was a formality
  • Selection criteria that were unfair, subjective, or not shared with you
  • No alternative roles offered even though suitable vacancies existed
  • Collective consultation failures if 20 or more people were affected
  • Protected characteristics if you believe pregnancy, disability, or another protected factor played a part
  • Contractual entitlements that haven't been included in the offer, like enhanced redundancy, bonus, or benefits

You don't need to list every minor issue. Focus on the two or three strongest points.

What not to do

Don't make threats. "I'll take you to tribunal" comes across as aggressive and can backfire. Instead, refer to "the claims I would be waiving" or "the legal risks on both sides." Your employer knows what that means.

Don't exaggerate. Stick to facts. If you overstate your case, your employer will take you less seriously.

Don't send it too early. Make sure you've done your homework first. Know your statutory entitlement, understand the process failures, and have a realistic figure in mind.

Don't forget to keep a copy. Save the email or keep a copy of the letter. Note the date you sent it.

What happens next

Your employer will usually respond in one of three ways:

They make a counter-offer. This is the best outcome. It means they're willing to negotiate. You're now in a back-and-forth where you can usually find a number that works for both sides.

They reject your proposal. Don't panic. A first rejection doesn't mean it's over. They may come back with a counter later, or you may need to adjust your ask. Consider what your walk-away point is.

They ignore it. If they don't respond within your deadline, follow up with a short, polite email. If they continue to ignore you, it might be time to get a solicitor involved. Remember, if you're offered a settlement agreement, your employer has to pay for your legal advice (ERA 1996, s.203).

This article is general guidance about UK redundancy rights. It's not legal advice and shouldn't be treated as a substitute for advice from a qualified employment solicitor.