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So before initiating my ET claim (and I know this will go against the grain with some people) I did speak to the employer saying that as much as I would rather not start a claim, if they wish to negotiate my losses from employment ending we can do so before going down a legal route. They felt they had done everything right so didn't need to negotiate hence were prepared to take on a case. Having started the claim their bundle list I received seems to include communication regarding this without prejudice talk. I also appreciate that even if I didn't explicitly mention my communication was without prejudice the rule can still automatically apply. Question is, how do I get them to remove this item from the bundle i.e. what's the best approach?

 

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What is the disadvantage in not disclosing this to the tribunal?


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Good question, I can't personally see it. Rather it could avoid costs if they tried to claim.

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Just leave it in. There is nothing there to worry about.


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