
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.
23rd Feb 2023

42BR Barristers - Headline Sponsor of the Family Law Awards 2025
42BR Barristers is delighted to once again be the Headline Sponsor of the Family Law Awards Read more >

Family Law Webinar Series - January to July 2025
Register now for our upcoming private, public and financial remedies webinars, taking place between January and July 2025. Read more >