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Roberts v Aldi Stores - Unresolved issues, without prejudice correspondence, and mitigation of loss [2012] EAT

Without prejudice correspondence cannot be referred to at a trial unless both parties consent to privilege being waived. 

Mr Roberts claimed that he had been unfairly dismissed by Aldi where he worked as a manager. The claim was eventually conceded, and by way of remedy the employment tribunal decided that he was entitled to a basic award of £1,140 and a compensatory award of £8,911 - a total award of £10,051. Mr Roberts made other claims for holiday pay, notice pay, and failure to give written reasons for dismissal. However, "the other claims" were not dealt with by the tribunal. Its reasoning hinged around reference to an alleged alternative job offer contained in a "without prejudice" letter.

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