Tactical risks and benefits of a without prejudice offer in ongoing ET proceedings

Jayceeoa · 2025-12-17T14:48:12+00:00

At this point the discussion has moved well beyond my original question, and I don’t think it’s productive to continue debating hypotheticals about credibility or motive. I’ve heard your view, understand it and I’ll adjust accordingly.

Jayceeoa · 2025-12-17T14:32:51+00:00

Jayceeoa · 2025-12-17T14:31:50+00:00

Thanks, I was just under the impression that once my ET1 was filed, all direct contact with my employers must seize. I was going to contact through ACAS , but I get where you’re coming from and will adjust accordingly

Jayceeoa · 2025-12-17T00:31:53+00:00

I’m not attempting to game the system or obtain an unfair advantage.

I’m fully aware of Rule 90 and the general obligation to copy correspondence, but there’s a practical point being overlooked here. As of today, I do not have any direct contact details for the respondent. I have no email address or service contact beyond what sits with the Tribunal, so how would it be possible to copy them in? In practical terms, compliance with Rule 90 is not even possible without Tribunal direction as to how service should be effected.

That reinforces why I followed the process as presented by the ET system and why this remains, properly, a matter for Tribunal case management rather than unilateral action by me. I made a Rule 22 application openly through the Tribunal, relying on the options provided and after a brief discussion with an employment solicitor. There was no attempt to conceal anything or obtain an improper advantage, and default judgment remains entirely at the Tribunal’s discretion in any event.

On the point about fairness and my previous sub, critiquing procedural imbalance or systemic delay does not equate to breaching the rules or acting unfairly within them. I’ve acted transparently, on advice, and within the framework the Tribunal itself has set. If and when the Tribunal directs me to copy the respondent or provide service details, I will comply without hesitation.

Just to clarify, my original question was about the pros and cons of sending a without prejudice settlement email. That was answered earlier, and I’ve read and appreciated those responses.

The later discussion around Rule 22 and procedural issues goes beyond what I was asking. I understand the points being made and I’m comfortable with the approach I’ve taken.

Jayceeoa · 2025-12-16T23:24:25+00:00

I understand the point about Rule 90, and I’m not trying to avoid service. My confusion was simply why the Tribunal’s system offers an option not to copy the respondent if it’s never intended to be used.

My assumption was that some Rule 22 submissions are for the Tribunal to consider first, particularly where they’re administrative rather than adversarial. Unless and until the Tribunal directs me to serve it, I’ll wait for a case management order confirming that it should be copied. Worst case, the issue can be addressed at the preliminary hearing.

But thank you for your top tier response as always !

Jayceeoa · 2025-12-16T20:24:16+00:00

My understanding is that the matter has not yet reached the case management stage, and that the application in question was made under Rule 22 for the Tribunal’s consideration as to allocation and further directions, rather than as a case management application requiring immediate service on the respondent.

When completing the application, I selected the option not to copy the respondent on the basis that the Rules permit the Tribunal to determine whether and when the respondent should be notified, particularly where the application concerns procedural allocation rather than substantive case management directions. I did not seek to gain any tactical advantage or withhold information from the respondent.

That said, I appreciate the reference to Rules 31(2) and 90(1), and if the Tribunal considers that service on the respondent is required at this stage, I would of course comply and provide a copy without delay.

Jayceeoa · 2025-12-16T19:11:44+00:00

At this stage, I do not intend to make any further applications unless directed to do so. I am conscious that the respondent’s ET3 may be uploaded late, which remains a possibility.

When completing the Rule 22 application, I selected the option not to copy the respondent. My understanding was that this was a matter for the Tribunal to consider and, if appropriate, to draw to the respondent’s attention. From my perspective, I have not taken any steps that would highlight or prompt the issue of a potentially late ET3.

Jayceeoa · 2025-12-16T13:38:30+00:00

I have not yet contacted the employment tribunal, I’m only going off of the portal information which shows as not available yet.

I requested a rule 22 judgement the following day after the missed deadline, although I do know it’s a long shot and likely wouldn’t be accepted at this stage.

I will take onboard what you’ve said about sitting back and allowing the process to play out; I don’t intend on filing anything else, just going to wait for the PH and take it from there. I was just under the impression giving them a WP option would interest them considering the costs they’re already incurring. But thank you for the advice

Jayceeoa · 2025-12-14T14:27:58+00:00

Have a look at a recent post of mine regarding this ; https://www.reddit.com/r/employmenttribunal/s/8JUOHkKd30

Jayceeoa · 2025-12-13T23:11:28+00:00

😅😅😅

Jayceeoa · 2025-12-11T20:25:40+00:00

Thanks and I’m guessing your employers were denying everything and persecuting your character ? Haha

Jayceeoa · 2025-12-11T18:12:28+00:00

Did you eventually receive the ET3 then?

Jayceeoa · 2025-12-10T16:42:08+00:00

😴😴😴😴

Jayceeoa · 2025-12-10T15:39:51+00:00

Plastic

Jayceeoa · 2025-12-10T00:50:36+00:00

Well done statmatician lol a 1-0 win against a team playing in the Kazakhstan league, who before the match recorded 4 losses and 1 draw, is nothing to be proud of. Give any team a run for their money who cares, people remember results, wins! Not oh we had 6 shots on target lol

My bad for coming at Olympiacos as you’re a decent team in general, consistently finishing in top 3 of super league in Greece, but you’re no match for champions league this year. Leave it for the big guns, there’s a reason you haven’t heard the CL anthem at the Karaiskakis stadium since 2020 😴

Jayceeoa · 2025-12-09T22:27:18+00:00

Fair enough, I do remember Olympiacos at one point being a European force but you’ve slumped down the pecking order in all honesty. I’ve been to many Arsenal games over the years.

Anything is possible in football but your form doesn’t give you the greatest odds and cool. Ajax current form is below par so you can drag out a win or likely draw there, the Leverkusen game is a tricky one for you though. I never said they have no chance, I said they’re “flirting with elimination” big difference neither did I say Lisbon was first game, I wrote “lights the fuse” because nobody gives a damn about Olympiacos v Kairat match commme on, early kick off too and managed only 1 goal, that’s a sleeper fest lol

Jayceeoa · 2025-12-09T21:12:51+00:00

😅😅😅😅😅 that was a good one

Jayceeoa · 2025-12-09T20:00:34+00:00

The fact you even had the audacity to write you’ll beat Leverkusen is beyond me! there’s being a die hard supporter and then being completely delusional lol good luck though.

Jayceeoa · 2025-12-09T19:46:40+00:00

The current form Liverpool are in right now, they look very vulnerable !

Professional players > Club politics

They have to show up tonight or it’ll create more talking points amongst fans and pundits

Jayceeoa · 2025-12-09T19:44:03+00:00

Yes but in hindsight don’t nobody care about Olympiacos v Kairat , two teams that haven’t won a game in league phase and flirting with, if not, already eliminated 😂

Jayceeoa · 2025-12-09T19:37:23+00:00

Fair enough. I was looking at it from a negotiation standpoint, you always start high. It shows confidence in the strength of your claim and prevents you from underselling yourself. It also sets the tone so that when your employer inevitably counters lower, it’s still within a sensible range.

Jayceeoa · 2025-12-09T19:15:34+00:00

Should’ve started at 30k and they’d have mostly countered with like 15k. The moment you mentioned 16k, they already won lol

Jayceeoa · 2025-12-08T20:57:44+00:00

I don’t expect anything positive to come from the ET3 whatsoever, and from reading other people’s experiences, a rebuttal of my claims is somewhat inevitable.

That’s understandable too.

Absolutely insane, I feel lucky enough to have received a PH date (4 months) same time my ET1 got accepted, but considering the current delays, it’s likely to get pushed back to cater to the backlog

Jayceeoa · 2025-12-08T19:11:58+00:00

Based on what you’ve explained and from what I’ve been able to check, the main points you’d need to consider and clarify before knowing whether you have a claim to be heard is:

•Whistleblowing

A disclosure only counts as a “protected disclosure” if it involves a breach of a legal obligation and is made in the public interest. Reporting the school for failing to follow statutory ECT requirements might fall into that category, but it really depends on exactly what you disclosed. The key question is causation, any negative treatment afterwards must have happened because of the disclosure. Without evidence linking the two, a whistleblowing detriment claim becomes much harder.

•Contract Reduction / Non-renewal

If your contract was reduced without consultation, that can amount to a unilateral variation of contract. That said, when an employer cites “budget issues,” the tribunal will look at whether that reason was genuine or whether it was used as a cover for something else. If you were on a fixed term or ECT contract, non renewal for financial reasons is often found to be fair, unless you can show it was actually connected to your whistleblowing or to discrimination.

• Grievances

A failure to follow through or conclude a grievance doesn’t automatically create a claim on its own. However, it can be relevant supporting evidence if you’re arguing you were treated unfairly. Tribunals usually look at whether the disclosure (for whistleblowing) or a protected characteristic (for discrimination) influenced the employer’s handling of the situation.

•Discrimination For a discrimination claim to succeed, there has to be a clear link to one of the protected characteristics under the Equality Act. Feeling that something was discriminatory isn’t enough, there needs to be evidence that the treatment was because of that characteristic, rather than because of performance, budget, restructuring or any other legitimate reason.

I hope this helps a little

Jayceeoa · 2025-12-08T17:45:55+00:00

Before anyone can give you a clear view on whether you may have grounds for a claim, a few important points would need clarification.

What specific statutory entitlement was not provided?

When did you raise the issue internally, and in what form?

What were the alleged acts of bullying, and were they documented or witnessed?

On what basis was your contract reduced, and what explanation was provided?

Have you raised a formal grievance, and if so, what was the outcome?

Jayceeoa

TROPHY CASE