Without Prejudce - Can I use a letter?

[Mcypher]

Good day everyone, I hope this message finds everyone well.

Before I start I'll apologise given I tend to waffle, but do stay with me.

Early last year I was dismissed, rather unfairly I think, so within a day I was at in front of a solicitor asking for them to represent me in any negotiations, I fully expected something given that I was on three months notice and my salary was in excess of 125k.

The solicitor took that case and wrote to the then employer asking for the reasoning for my dismissal, together with the likely package were they going to offer by way of restitution.
The employer replied stating that I had been dismissed because the company had lost a contract, noting the contract was lost not because of failings but rather it came to the end of it's term and we lost it through competitive tender, pretty simple really, someone beat us on price.

At the same time as writing "the firm" offered 10k full and final settlement. This was obviously rejected, worth noting that the letter of reason and offer was "Without Prejudice".

The real reason why I was dismissed was that I refused to act on an instruction that I felt was morally wrong and illegal. In this I mean, it came to my attention that one of my subordinates had intentionally issued instruction to overcharge a customer, this wasn't overcharging by a few pounds, but many hundreds of thousands. It was my belief, after looking at dates etc. that this person issued the instruction to staff as to ensure he hit his forecasted target, and thus secure a performance related bonus, typically circa 20k.

The reason why this anomaly came to light was we had several unpaid invoices on the system, which wasn't unusual given that PO numbers might have been wrong, a postcode missing, a client reference name not detailed, all minor errors and nothing too onerous. Anyhow, during the course of correction an eagle eyed employee noted that the sums being invoiced didn't match the contracted sums, because of this the information went back and forth internally for several months, not to my knowledge, and certainly not to the clients knowledge.

Approximately five months after this situation first arose one of the accounts ladies copied me in to an email chain, a chain that was discussing all sorts, worth knowing here is that we had management meetings once a month so if this information wasn't discussed, then people had to decide not to discuss it. In that I mean, a cover up!

After seeing the email I started an investigation, an investigation that produced an email from a project/account manager saying that "we need to get this wrapped up soon as we don't want them (the customer) looking into things too closely!.
So I carried on digging and it became very apparent that this senior had issued instruction to increase rates without my authority, nor that of the client.

When I was just at the stage of understanding the situation and chronology of events I have an email turn up, an email from this person (the offender) asking that I sign the attached letter and send it to the customer in question.

In this letter the authors, the first as the senior I was investigating, and the other the financial controller, wrote that after a full internal investigation there has been no examples of overcharging, and that we have modified systems to ensure that this sort of thing couldn't happen again.

This I refused to sign, refusing on the grounds that I had a spread sheet in front of me saying that the company was at risk for well over a quarter of a million pounds, that's without the customer losing the same amount, this in my book is fraud!

From what I was told about the reasoning for this letter is this, the customer has queried a cost of an (singular) invoice, to which this senior made up work to fit the cost, believing it to be correct the customer asked that I write, as the figure head, confirming that everything was fine and dandy, at which stage the matter would be dropped from their perspective.

This is when I stepped up my efforts to get to the bottom of things. Bringing it CEO's attention I was told to "just sign the thing" and that'll be an end of it, again I refused citing my duties as a director, and as such I was going to act and investigate the matter till satisfactory conclusion. At which stage I was told, if you're not going to sign it then what's the point of having you around.

Unfortunately, this run in with the CEO was the second within a month, the other related to information that was discussed in a board meeting that I didn't want to be a part of, and I certainly didn't want to subscribe to the methods being discussed for the wining of work.

To confirm, it wasn't that I woke up one day and said that I'm changing my opinions on business, I was genuinely clueless insofar as the matters from the board meeting, the only reason I became aware of it was that I was invited, for the first time in three years, to a group board meeting, prior to that I was perfectly happy dealing with my own division.

Sorry I digress.

Following the WP letter, and accusation that "I" had lost a customer, my solicitor replied stating the obvious. It was then that they retracted this allegation and then wrote that they were starting disciplinary proceedings against me. Although they wasn't sure for what at that stage, but they made a couple of spurious allegations regarding credit card use and lunches etc. Total tosh and easy to prove otherwise. Over the coming weeks further allegations came thick and fast, clearly having time to riffle through emails etc. Again without foundation and taken out of context to meet their needs. Incidentally when we requested information/emails etc, the company replied saying that they have "all" been lost or delated. Yet they still managed to find ones that suited them!

My argument, which seems to stand for nothing, is that they had a duty hold all information safely, certainly knowing that my end of employment was in question, nd this wasn't weeks after he fact, but within three or four days they were put on notice.

How can you defend against something like this? it's ridiculous! Surely all emails should be stuck out?

Given that I had been advised not to partake in the investigations, the witch hunt concluded that I was to be dismissed for misappropriation of company funds, I have no issue with this claim per se' as I have enough evidence to support any spend was authorised, and or the norm for seniors, my case would be even stronger had the emails been available.

The sad part is, whenever "new information" came to light, prepared for release I'd prefer to say, the CEO and cohorts would show employees or send copies of it around for all to see.

You can image what this has done to the industry rumour mill.

With the above said, my question is a pretty simple one, can this WP letter, making the earlier allegation be used given that it was without substance?

Needless I could ask my solicitor but I seem to ask so many questions I think I might be getting on their nerves. And the cost!, no one tells you about the true cost of these things, we've just had the figures land for the barrister and team for the hearing, which is in Oct, and it pushes the total cost of case over 20k.

I guess the other benefit of asking on here is to get others opinions, only it's a lonely world when you're going through this sort of thing, and it was during those first few months, and whilst the employer said that they were going through the disciplinary process, I did consider using my death in service, it would've certainly helped my family financially, and would've taken the suffering away from me!

So. what stopped me? Not love, not the sense of right or wrong, I'd given up on believing that it existed, but rather the fact that I was going to take them with me, I went through some seriously dark times.

So again,. What stopped me? Funny enough, it was their families, isn't it funny, I couldn't think of my own but I could think of theirs. My only wish now would be for these people to know just how close I came, how close they came!

But then humiliation, threats and the belief that all those traits that have served you so well, honesty, fairness, loyalty, truthfulness, all amount to nothing, do I have any faith left in the belief that right is right, and wrong is wrong, we'll see come October.

Let's hope I win my case, not for the money, if I ever see any award, especially as we all expect the CEO to pull a fast one and change the name, wind it up, or some such thing, but at this stage, I have to be prove right!

As said at the beginning of this writ up, sorry for the waffle, but any advice on the WP letter would be greatly appreciated.

Mark.

[R0b]

Hello Mark, rather than ask a bunch of strangers who know nothing about your case and given the fact that you have engaged a solicitor together with a barrister, the simple answer is to ask your solicitor.

The general rule is that WP letters are prohibited from being referred to in court. The purpose of WP is to encourage the parties to have a full and frank conversation so long as there is a genuine attempt to settle the dispute. A letter headed WP save as to costs means that the document cannot be used until the end of the trial and costs are determined. The document may be then used to assist on the issue of costs.

Just because a document is headed WP does not automatically mean it is protected - there has to be a genuine attempt to settle matters in that communication.

Disclosing a document that is a protected WP communication could mean that the hearing/trial has to be adjourned, the judge to recuse him or herself and a new judge to be allocated the matter. The result would very much likely be an award of wasted costs against the party who introduced the WP communication.

[Mcypher]

Well thank you Rob. I'm guessing we all have different reasons for writing, sometimes it's just the need to say what's on your mind, and yes, you're quite correct, I could ask my advisors, but as said, maybe I'm a pest with too many questions, but maybe someone, like you, would be polite enough to answer without making a big deal of it.

Clearly, my mistake, having legal representation precludes you from asking questions. I shan't do it again.

[R0b]

I'm not making a big deal out of it, im just simply stating my immediate thoughts. You are asking us to comment on a document that we aren't privy to and without seeing it, are unable to give you any concrete answers.

Regardless of whether or not you think you are being a pest, you're the client and the solicitor has a duty towards you so if it means asking questions all the time then it's sometimes better doing that than not asking at all. Of course, you will get charged everytime they reply.

I'm sorry if you felt my response was too blunt for you as that wasnt the intention - I can understand if all I said was speak to your solicitor but I've actually given you a general overview of how WP works.

Whether you choose post more questions or not is entirely up to you, either way it doesnt affect me but it is not professional nor is it good practice for one to seek answers elsewhere when you already have representation - it's not uncommon to ask 100 lawyers a question and receive 100 different answers.

[Mcypher]

Rob.

Thanks for the follow up. It's okay, I appreciate the explanation, as with everything to do with this case, it's exhausting, it's got to a stage whereby I don't even seem to have the energy to ask another question of my solicitor, but then second guessing their actions it self defeating, I guess they know what they're doing.

Quite how anyone goes through these things and come out the other side without some sort of "issue" is beyond me. When I started the process I had no idea that it would turn into a war of attrition, in days gone by I tended to settle any claim, not that I've ever acted in a manner whereby anyone would have a reason to claim.

Thanks again.

Mark.