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this employment law video is on exit discussions an employer or an employee or both may wish to discuss the employee leaving the business there may be a falling-out between the employer and the employee the employer may for example want to avoid going down a capability process or a redundancy though without prejudice rule in order to be properly without prejudice and inadmissible in subsequent litigation the negotiations have to be genuinely aimed at resolving an existing dispute between the parties what amounts to an existing dispute is not always clear the fact that an employee has raised the grievance may not always necessarily be enough the test is whether litigation has been contemplated one of the exceptions to the without prejudice rule for example is where theres been unambiguous impropriety such as blackmail or perjury protected conversations even if theres no dispute with the employee the employer may be able to have whats called a protected conversation with the employee
