Without prejudice conversation

What is a Without Prejudice conversation, and how do you actually have one in today’s world? 💬

Many years ago, these conversations were informal. A quiet chat, consent given on the spot, and a resolution reached quickly. Things aren’t quite that simple anymore, but the Without Prejudice privilege still exists and it can still be incredibly powerful when used correctly.

At its core, a Without Prejudice conversation is a protected discussion that cannot be used by either party in another forum. For that protection to apply, there needs to be a genuine dispute or disagreement. Once that exists, the employee must clearly understand what Without Prejudice means, be informed of their right to advice, and be given a reasonable opportunity to take that advice.

This means no more shoulder taps or surprise meetings. The process needs to be transparent and fair. That usually starts with a letter setting out the nature of the meeting, explaining the Without Prejudice privilege, and confirming the employee’s right to representation. To be extra safe, consent should be recorded in writing.

Interestingly, once representatives are involved, the meeting itself may never even happen. Often, discussions move between representatives and lead to a mutually agreed resolution or exit without the need for a formal process.

If you’re considering a Without Prejudice conversation and want to make sure the criteria are met and the process is sound, DM me anytime. I’m happy to talk it through. 😊

✉️ lisa@peopleassociates.nz

📞 027 573 5483

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