When ‘without prejudice’ privilege applies in termination discussions (Scheldebouw v Evanson)

When ‘without prejudice’ privilege applies in termination discussions (Scheldebouw v Evanson)

Article Summary

Employment analysis: The Employment Appeal Tribunal (EAT) dismissed the respondent employer’s appeal and held that an employment tribunal had correctly applied the principles established in the leading case of Barnetson v Framlington Group in determining that without prejudice privilege had not arisen at a meeting where the parties had discussed the termination of the claimant’s employment and, in particular, the amount of holiday pay which he was owed. The respondent had sought to have reference to the meeting redacted from the claimant’s pleaded case. The judgment contains a useful review of the relevant authorities and the principles to be applied in this fact sensitive area of the law and is an example of how the appellate courts will not readily entertain overly critical analysis of isolated passages of a tribunal judgment.

Read the full article here on the Lexis Nexis website. 

Rebecca Thomas

Call 1999

Rebecca Thomas

42BR relocates to new premises in Staple Inn

42BR is pleased to announce that we have now moved from 42 Bedford Row and relocated to state-of-the-art premises nestled within the beautiful gardens of Staple Inn. Read more >

Animal Violence and the Rights of the Child

Marcia Hyde and Amanda Jepson will present this webinar using their expertise in family and animal welfare law. Read more >




Social media:


Awards & Recognition

Developed by CodeShore.Ltd