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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Scotthorne v. Four Seasons Conservatories (UK) Ltd [2010] UKEAT 0178_10_1405 (14 May 2010) URL: http://www.bailii.org/uk/cases/UKEAT/2010/0178_10_1405.html Cite as: [2010] UKEAT 0178_10_1405, [2010] UKEAT 178_10_1405 |
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At the Tribunal | |
Before
HIS HONOUR JUDGE McMULLEN QC
(SITTING ALONE)
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
For the Appellant | MS KAREN MOSS (of Counsel) Instructed by: Messrs Lupton Fawcett LLP 35 Townhead Street Sheffield S1 2EB |
For the Respondent | MR RICHARD SEABROOK (of Counsel) Instructed by: Messrs Foys Solicitors 102 Bridge Street Worksop S80 1HZ |
SUMMARY
PRACTICE AND PROCEDURE - Disclosure
After an altercation with an employee, the employer consulted its insurer before deciding what action to take, as required by its policy cover. In the context of the 2002 Employment Act regime, the correspondence and the advice given were capable of attracting litigation privilege. On the EAT, but not the Claimant, seeing the material, the claim to litigation privilege was upheld, covering an insurance policy and advice given by a solicitor and non-lawyers.
HIS HONOUR JUDGE McMULLEN QC
Introduction
"The Claimant asserts that [Mr Foulger] had been trying to find ways of removing him from the Respondent Company for some time prior to his dismissal for financial reasons and has concocted the issues surrounding this case as a means for his dismissal."
"… it is part of the Claimant's claim that Mr Foulger … has been trying to find ways of removing him from the company for some time prior to his dismissal for Mr Foulger's own financial gain.
We believe that the Respondent may be in possession of documents to support the above argument in the form of advice sought by the Respondent from its non legal advisers, Mentor. It is our view that all documents and files held by NatWest Mentor in connection with the dismissal of the Claimant or any prior attempts to dismiss the Claimant are relevant to the Claimant's claim and as such the Respondent is under a duty to disclose these files and documents to the Claimant and provide copies of the same."
"The documents … are relevant to the proceedings as the Claimant is alleging that the Respondent dismissed him after a protracted period during which the Respondent was seeking to dispense with the Claimant's services. The documents, however, are protected by legal advice privilege, but not litigation privilege insofar [as] the documents that pre-date the disciplinary proceedings that led to the Claimant's dismissal are concerned. Accordingly, the Tribunal will not order disclosure of these documents."
Procedure
Discussion