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.
I'll pass this on to one of our employment law experts, but he may well take the view that the purpose of an essay question is to test the student's research skills.
I'm not sure repeating the question on a Q&A counts as legal research...
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.