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Law for Business

Knowhow - guidance - precedents

05 OCT 2012

Gallop v Newport City Council UKEAT/0586/10/DM (2012) EMPLR 145

Without prejudice discussions

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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