Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

This case concerns without prejudice communications and the ability to admit such communications as evidence in the Employment Tribunal.

The facts in Roberts v ALDI Stores Ltd

Mr Roberts (“the Claimant”) commenced employment with Aldi Stores Ltd (“the Respondent”) on 3 July 2006 as store manager at their Llandrindod store. His employment was terminated by the Respondent on 31 March 2010 and the Claimant submitted complaints for unfair dismissal, unpaid holiday pay, accrued but untaken holiday pay, failure to give written reasons for his dismissal, and complaints under the Working Time Regulations 1998. The Respondent conceded that the Claimant had been unfairly dismissed two days before the Employment Tribunal hearing and the hearing proceeded on a remedy only basis. The Employment Judge sitting on the case awarded the Claimant £10,051 for his unfair dismissal claim but failed to consider his other complaints, including his claim for accrued but untaken holiday pay, failure to provide written reasons, and his claims under the Working Time Regulations. Further, the Claimant was aggrieved that the Employment Judge had taken into account without prejudice discussions which had taken place prior to the Employment Tribunal hearing and had only extended his compensatory award to 1 July 2010 because of the fact that he had taken such evidence into account.

The law relating to without prejudice communications in the Employment Tribunal

The without prejudice rule generally prevents written or oral statements made in a genuine attempt to settle a claim (whether pre-action or during proceedings) from being as used in evidence in proceedings against the party that made any admission. This is generally a blanket rule and is based upon either an implied contractual term or on a public policy basis. Although a statement which is made on a without prejudice basis is not generally admissible in the Employment Tribunal, such a communication can be admitted as evidence if both parties consent to such. The reason for having such a rule is to encourage parties to settle their claim.

The Employment Appeal Tribunal’s decision in Roberts v ALDI Stores Ltd

The Employment Appeal Tribunal upheld the Claimant’s appeal on the admissibility of the without prejudice meeting and further upheld his appeal that the Employment Judge had failed to deal with certain aspects of his claim, such as the Working Time Regulations claim, the failure to provide written reasons for dismissal, and the failure to pay accrued but untaken holiday pay. However, the Claimant conceded that his claim for notice pay was covered by the basic award that had been awarded by the Employment Judge in the remedy hearing.

Our specialist employment lawyers’ thoughts on Roberts v ALDI Stores Ltd

If you engage with another party on a without prejudice basis then make sure that the meeting, letter or telephone discussion is stated to be on a without prejudice basis (and that such statement is recorded). Failure to do so (this is a fairly obvious point) could (and almost did in this case) severely prejudice your case, whether you’re submitting an employment law complaint or defending one.

About Chris Hadrill

Chris is a specialist employment lawyer at Redmans. He specialises in contentious and non-contentious employment matters, including breach of contract claims, compromise agreements and Employment Tribunal cases. He writes on employment law matters on a variety of websites, including Direct 2 Lawyers, Lawontheweb.co.uk, LegalVoice, the Justice Gap and his own blog. Contact Chris by emailing him at chadrill@redmans.co.uk

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.78 Average

    214 Reviews

    Rebecca A

    I had a wonderful solicitor called Caroline who was so helpful and gave me all the information I need and explained everything in detail so I was crystal clear. Would highly recommend if you are in need of a solicitor!

    Posted 1 day ago

    Gareth J

    Very efficient, helpful and pragmatic support from Caroline. Happy to work with my requirements / suggestions but also made some very good points which helped to achieve a higher settlement amount. Would highly recommend Caroline and Chris.

    Posted 2 days ago

    Ellen S

    Excellent, professional, timely. Friendly when I needed it most. Would recommend to anyone.

    Posted 2 days ago

    Ellen S

    Excellent, professional, timely. Friendly when I needed it most. Would recommend to anyone.

    Posted 2 days ago

    Cristina G

    Very professional and reliable. Timely answers, clear and to the point. Always looking for the best for their customers.

    Posted 3 days ago

    Rob T

    Very professional and on target - highly recommended.

    Posted 6 days ago

    Anonymous

    Very efficient service and knowledgeable solicitors.

    Posted 6 days ago

    Anonymous

    Excellent response time from first contact. Quick and easy completion of documents required. Fast response to any queries I made.

    Posted 6 days ago

    Anonymous

    Redmans Solicitors did a great job and were very professional at all times. Would definitely recommend.

    Posted 3 weeks ago

    Gary P

    All good advice, prompt and efficient

    Posted 2 months ago

    Anonymous

    Excellent advice and customer service.

    Posted 3 months ago

    Aneet G

    I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

    Posted 3 months ago

    Fern M

    Very efficient and friendly

    Posted 3 months ago

    Neville S

    A professional and friendly service, which I would highly recommend.

    Posted 3 months ago

    Daniel T

    Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

    Posted 3 months ago

    Paul T

    Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

    Posted 3 months ago

    Marina E

    Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

    Posted 3 months ago

    Rosa B

    Fabulous service all round.

    Posted 3 months ago

    Anonymous

    Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

    Posted 3 months ago

    Alkhas K

    Excellent service.

    Posted 3 months ago

    Mathias G

    Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

    Posted 4 months ago