Apologies, I should have made clear that I’m marking an essay from a Masters student in Human Resource Management. This was in response to a fairly simply question on grievance procedures raised during notice periods. I wanted to be sure I provide correct feedback as I’ve not come across this scenario before.
I have provided general feedback on when ‘without prejudice’ letters would still be admissable, and that it should be within the context of attempting to reach a settlement in a dispute, but have left unanswered the issue of whether an apology and admission of errors would constitute an attempt to settle the dispute, or whether the individual him or herself needs to accept that this is an attempt to settle a dispute, and if they did not, the letter might be disclosable.
It’s fine if it’s not appropriate to answer these issues in this forum, my initial comment was simply to altert you to the fact that this wasn’t an actual scenario and might therefore be ouside of the remit of the forum.
I shall away to Lexis Law – shamed!
Alasdair Taylor's Answer
Mark Minns has now answered this: