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