Essay question

I'm hoping that I'm allowed to ask an essay question here and that the Q&A  doesn't just apply to real life scenarios.

Say an individual resigned and planned to claim constructive dismissal, what would be the implications of the organisation admitting wrongdoing, but writing this is a letter marked with 'without prejudice'?  Not offering to settle the case, just simply admitting wrongdoing and saying sorry,  'without prejudice.'

I realise it's far fetched! This may be why I can't find an answer in any of the texts.



Mark Minns's answer to Essay question (1907740859)

Answer to the question: 

I think that the point is arguable here. If a genuine attempt is made to settle a dispute, on a without prejudice basis, and the means of settlement is an offer to issue an apology (rather than actually doing so in the letter), then I think you would have a good basis for claiming that the offer was not admissible if later rejected. Given the risks of admitting liability, I would be cautious about actually admitting liability or issuing an apology without first securing the employee’s agreement to a settlement, even on a without prejudice basis. Note however that a letter of this sort, even if accepted would not be an adequate waiver of statutory claims. For that you would need a compromise agreement, signed by a solicitor or other authorised person.