‘Without prejudice’ (or ‘off-the-record’) discussions are commonly used by employers to explore resolving employment relationship problems confidentially. These often occur where an exit by agreement is being considered to move an employee on from the workplace who is considered to no longer be the right fit, or various other reasons.

When used correctly, these protected conversations can be an effective risk-management tool. When used incorrectly, however, they can significantly increase legal risk exposure and result in costly personal grievance outcomes.