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Baxter and others v Middlesbrough Borough Council: EAT 11 Jul 2008

EAT EQUAL PAY ACT: Case Management
PRACTICE AND PROCEDURE: Disclosure
In multiple equal pay claims the ET found that documents relating to a 2004 job evaluation exercise were privileged and need not be disclosed by the employers. The appeal, insofar as it attacked that conclusion, failed; see my first judgment.
This second judgment deals with the attack on the Employment Tribunal’s further conclusion that that privilege had not been waived.
Held
1) the Employment Tribunal were entitled to conclude that there had been no waiver
2) there had not been a partial waiver by waiver of other documents of the same class which made it unjust for the employers to rely on privilege
3) Article 6 did not alter the common law position.

Citations:

[2008] UKEAT 0282 – 08 – 1107

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 19 July 2022; Ref: scu.277180

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