By Dee Masters
1. The Employment Tribunal system is intended to provide a readily accessible and informal forum for resolving disputes which is appropriate for lay representatives. The reality is very different and employment litigation contains plenty of traps for the unwary. This paper focuses on fours areas which are likely to cause concern for managers facing the prospect of litigation:
a. Duty to disclose documentation during proceedings;
b. Legal professional privilege;
c. Waiving legal professional privilege; and
d. Status of without prejudice communications within an ongoing employment
2. We will start by examining the general position in relation to disclosure and then consider the most common exceptions to the obligation, namely privilege and without prejudice communications.
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