EAT 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.
Citations:
[2010] UKEAT 0178 – 10 – 1405
Links:
Statutes:
Employment
Updated: 19 August 2022; Ref: scu.417581