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19 July 2012
Employment Appeal Tribunal
HHJ Peter Clark
Tribunals should disregard evidence given about ‘without prejudice discussions' unless both parties have clearly agreed that that evidence can be referred to.
G was found to have been unfairly dismissed. In response to a question from the tribunal, one of the council's witnesses mentioned there had been discussions prior to dismissal about a possible settlement agreement. The tribunal held, in view of that evidence, that if G had not been dismissed, there was a 50% chance he would have entered a settlement agreement. It concluded that compensation should be significantly reduced. The EAT overruled the tribunal, holding that the tribunal should not have taken the without prejudice discussions into account.
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