EAT EQUAL PAY ACT: Case Management
PRACTICE AND PROCEDURE: Disclosure
In the course of the claim of one class of employees in multiple equal pay litigation, the Employment Tribunal ruled that documents relating to a desktop job evaluation exercise were subject to litigation privilege and need not be disclosed by the employers. On the employees’ appeal,
Held
i) applying Three Rivers (No 6) that the documents fell within the scope of litigation privilege
ii) the Employment Tribunal were entitled to find that the purpose of the exercise was not for implementation but for Counsel’s brief
iii) Article 6 of the Convention did not affect the common law as to privilege; Mecalf v Mardell [2003] floated the possibility of a re-examination of the common law principles but no more.
Citations:
[2008] UKEAT 0282 – 08 – 1007
Links:
Jurisdiction:
England and Wales
Employment
Updated: 19 July 2022; Ref: scu.277179