As a company we have used “Without Prejudice” conversations in context of compromising individuals out of the business.
Recent case law (BNP Paribas v Mezzotero, EAT) has provided clarification that these conversations may not be privileged at all as any Without Prejudice conversation should only be held to resolve a genuine dispute.
The EAT ruled that even a grievance may not constitute a dispute, so what is classified as a “genuine” dispute ?
Any advice gratefully received…
Amanda Evans