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The “ Without prejudice” principle can be used when there is a genuine attempt to settle a dispute where legal proceedings have commenced or are contemplated.

It allows the parties to enter into discussions to settle the dispute, confident in the knowledge that anything which is said in the course of “without prejudice” discussions cannot be used against that party later at the hearing of the case.

Where for example an employer makes a “without prejudice” offer of a payment to an employee who has submitted a claim for unfair dismissal to the Workplace Relations Commission in order to settle the dispute.

The employee may accept or reject the offer. If they reject the offer, the fact that the employer made such offer cannot be mentioned later in the adjudication of the dispute .

It is in the public interest to facilitate parties to settle disputes and avoid litigation if possible. That is the reasoning behind the “without prejudice” principle.