Without Prejudice

[STAH]

Hi there,

Please could someone confirm what impact "without prejudice" has on a letter? I have handed in my notice to my employer and they are adamant that I am to work my full 2 months notice.

I have since drawn up another letter confirming my last day giving them one months notice bearing "without prejudice" before the main body of the letter.

Thank you in anticipation.

STAH

[EmEd1984]

oo i'm not sure what you mean by the 'impact' it would have, but the reason for saying it can be found on this website:

http://www.geoffreyleaver.com/resources/resour ce.asp?DeptID=2&SubDeptID=126&toolkitid=130

as it's only used in reference to an official dispute perhaps they'd think you were instending to take some sort of legal action against them!

[STAH]

Hi there,

Under employment law, I believe that they could sue me for being in breach of contract. However, I do not believe that they would; it would be more hassle than it is actually worth!

Thank you for taking the time to reply.

Kind regards

STAH

[dundurn]

You signed an employment contract which your employer is entitled to feel you should honour.

You may have reasons not to feel morally obliged to serve out your full notice however from a practical point of view you may want a reference from these people one day and leaving them in the lurch may not be the best way to get an enthusiastic one.

Legally they are entitled to sue you but the action, I believe, would be for damages. They would be required to prove not only that you had broken the contract (which in the circumstances isn't going to be difficult) but that in the process they had been put to expense or loss of reputation. If, for example, you were leaving them in the middle of a project which would miss deadlines in your absence, they might be forced to hire expensive resources at short notice to make up the gap. You are right in thinking most employers won't bother to take any action other than marking your file "do not re-employ"!

[STAH]

Thank you for your input and feed-back, and you made a couple of points well made.

I am not leaving them in the middle of a project, and they have more than adequate resources to cover the one months notice that I am not serving.

Indeed, they may mark the file - 'do not re-employ'; a risk which quite frankly I am prepared to take. However, they can not give a bad reference as all my work has been of a good standard, and I have not been subject to disciplinary proceedings either. The only negative thing that they could possibly mention was that I left in breach of contract. I could easily fore-warn future employers of this and the reasons behind it so that there are no nasty surprises.

Thank you once again,

Kind regards,

STAH

[Twenty20]

No, they probably wont sue you for damages. They could do but most employers wouldnt bother - unless they have to pay out some extraordinary expenses such as getting a temp in to cover your work for that month.

I wouldnt dismiss the possibility of a bad reference (depends on how you define bad) based on you being in breach of contract. If I was a new employer looking to employ you I'd be slightly concerned at your cavalier attitude to terms in your contract. Personally, I think if you sign an agreement you should stick to it, but then maybe I'm just old fashioned!

'Without prejudic'e means that the contents cant be used against you later, which makes it a little odd to use it in these circumstances unless there's something you might wish to retract later. I certainly wouldnt accept a resignation latter that was 'without prejudice'.

[Postdog]

No employer will give a bad reference in case it backfires in some way. It can be implied by simply declining to give a reference.

[STAH]

Hi there Twenty20,

Thank you for your answer.

Indeed, I agree with you that I do not think they will sue for damages. Cavalier attitude, eh?! Easy tiger! I am giving them 6 weeks notice instead of 8, and they have known that I have been unhappy in my current role for months. When I handed the letter, the response was "There's a surprise!" Indeed, I run the risk of a "bad" reference as you put it, but as I work for the company I think I am in the best position to judge whether they would or not.

Thank you for taking the time to respond.

Best wishes,

STAH

[buildersmate]

Yup, agree with 20/20.
They can't give you an inaccurate reference (if that is what folks mean by 'bad') but it is very easy to write a reference couched in terms of what one is NOT willing to say. Believe me - i've done it lots of times. However it sounds like you've got your head screwed on, appreciate the risks, and are happy to run with it. Good luck.

[factor-fiction]

Your question is entitled Without Prejudice and you ask what impact the phrase Without Prejudice has on your letter. I'm puzzled as to why you wrote "Without Prejudice" on the letter. I wondered what you thought it might achieve when you wrote it.

[STAH]

Guys,

In answer to your question factor 30. I placed the "without prejudice" remark on my letter as I thought that this prevent the correpsondance being used in a court of law IF they wanted to proceed further and sue me for being in breach of contract.

Builders mate, thank you for putting your spin on the matter as an employer / line manger who deals with references.

My decision has been made, I shall proceed. I look forward to enjoying a career back in financial service management - a field which I previously worked in (but left owing to the perpetual sales...)

Kind regards and best wishes,

STAH

[gardener2]

Oh yes you can give a bad reference. In response to a request a future employer simply replies 'please telephone for further information'. It says everything. Having said that, having been an employer for thirty years we would never enforce an employment contract with a disgruntled employee given the damage they could do whilst working out there notice.
Further,from my experience,an employee would 'throw a sicky'
rather than have to work out their notice.