When ‘without prejudice’ privilege applies in termination discussions (Scheldebouw v Evanson)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Employment analysis: The Employment Appeal Tribunal (EAT) dismissed the respondent employer’s appeal and held that an employment tribunal had correctly applied the principles established in the leading case of Barnetson v Framlington Group in determining that without prejudice privilege had not arisen at a meeting where the parties had discussed the termination of the claimant’s employment and, in particular, the amount of holiday pay which he was owed. The respondent had sought to have reference to the meeting redacted from the claimant’s pleaded case. The judgment contains a useful review of the relevant authorities and the principles to be applied in this fact sensitive area of the law and is an example of how the appellate courts will not readily entertain overly critical analysis of isolated passages of a tribunal judgment. Written by Rebecca Thomas, barrister at 42 Bedford Row.