Estoppel/Without Prejudice question

[kaput]

Hi,

I have been helping a friend through some employment issues he's been having. He recently gave notice and the employer responded in writing under 'without prejudice' protection. The employer accepted my friend's resignation, but then made various stipulations and threats regarding the notice period that if my friend did not agree to, it was implied, they would rescind their acceptance of the resignation and conduct disciplinary proceedings instead. My friend wants to work notice, but cannot do so under the conditions the employer is trying to impose (e.g: the employer is demanding my friend works from home, but he does not have the equipment to do so. He would be willing to work in the office or accept PILON, but the employer has said that if he even goes near the office he will be subject to disciplinary).

My question is, if the matter went before an ET, could my friend rely on estoppel to set aside the without prejudice protection. In my view, the employer has given up all rights to take disciplinary action, and ultimately dismissal, against my friend by accepting his resignation.

Thanks

[davec1960]

Re: Estoppel/Without Prejudice question

Slavery has been abolished, they cannot refuse his resignation, they can however conduct a disiplinary investigation during his notice period.

How long is his notice period?
Will his new employer require a reference from his current employer?
Can he do any parts of his job at home or does it all rely on equipment he doesn't have?

IANAL but laymen tend to use "without prejudice" on correspondance believing it prevents it being used in court. Someone qualified will hopefully be along to confirm that it can only be used in certain specific circumstances.

[enquirer]

Re: Estoppel/Without Prejudice question

He recently gave notice and the employer responded in writing under 'without prejudice' protection. The employer accepted my friend's resignation, but then made various stipulations and threats regarding the notice period that if my friend did not agree to, it was implied, they would rescind their acceptance of the resignation and conduct disciplinary proceedings instead.

In effect, they have admitted that any disciplinary that follows will be bogus. Implied ... how obvious is it? Is it in writing? What were the 'various stipulations'?

In this context, the use of 'Without Prejudice' has no significance. It has been inserted solely in order to intimidate.