What do I put at the top of the letter? Do I say, ‘Without Prejudice’? Do I say, ‘Protected Conversation further to s.111A of the Employment Rights Act’? Do I say both? Confused?

When making an offer of settlement and you want to have an ‘off the record’ conversation with an employee, are you confused about what you have to do, or say, to protect yourself when having those discussions, so that a judge isn’t going to be able to take into...