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Advice on how to commit discrimination may be an iniquity and not privileged (X v Y Ltd)

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Published on: 17 August 2018

Published by a LexisNexis Employment expert

Table of contents

What are the practical implications of this judgment?
What is the relevant background?
Background law
Background facts
The decision of the employment tribunal
What did the EAT decide?
Case details

Article summary

Employment analysis: Advice on how to commit discrimination may, in certain circumstances, fall into the category of advice which is contrary to public policy, and therefore an iniquity, with the effect that legal advice privilege will not attach to that advice to protect it from disclosure. As a result, it will not be appropriate to strike out part of a claim which refers to that advice, according to the EAT.

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