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Digg it UP - Employment – 'Without Prejudice' Privilege – Victimisation
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Following the initial hearings, the employer released a quarterly newsletter which outlined that it was spending a large amount of money on defending employment claims. It made particular reference to two tribunal hearings which had cost in excess of ?60,000. It also criticised employees and the trade union for pursuing unfounded allegations and making unwarranted demands for money. The two employees lodged grievances in response to the newsletter. They claimed the following:
* The employer had initiated the attempts at settlement;
* The employer had raised the prospect of financial settlement; and
* The newsletter had amounted to victimisation.
The grievance committee heard oral evidence on the discussions between the parties in their attempts to reach a settlement, however, it was decided that the grounds for the grievance had not been established. The employees then began new tribunal proceedings.
At the new hearings the employer challenged the admissibility of the evidence relied upon before the grievance committee by the employees. The employer argued that the evidence concerning the settlement discussions were protected by ‘without prejudice’ privilege. The tribunal concluded in favour of the employer, and held that the evidence should have been inadmissible. It should be noted however that the tribunal also held that the references to the discussions in the grievance committee’s report would be admissible. If they were not, the case for the e
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* The employer had initiated the attempts at settlement;
* The employer had raised the prospect of financial settlement; and
* The newsletter had amounted to victimisation.
The grievance committee heard oral evidence on the discussions between the parties in their attempts to reach a settlement, however, it was decided that the grounds for the grievance had not been established. The employees then began new tribunal proceedings.
At the new hearings the employer challenged the admissibility of the evidence relied upon before the grievance committee by the employees. The employer argued that the evidence concerning the settlement discussions were protected by ‘without prejudice’ privilege. The tribunal concluded in favour of the employer, and held that the evidence should have been inadmissible. It should be noted however that the tribunal also held that the references to the discussions in the grievance committee’s report would be admissible. If they were not, the case for the
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* The employer had initiated the attempts at settlement;
* The employer had raised the prospect of financial settlement; and
* The newsletter had amounted to victimisation.
The grievance committee heard oral evidence on the discussions between the parties in their attempts to reach a settlement, however, it was decided that the grounds for the grievance had not been established. The employees then began new tribunal proceedings.
At the new hearings the employer challenged the admissibility of the evidence relied upon before the grievance committee by the employees. The employer argued that the evidence concerning the settlement discussions were protected by ‘without prejudice’ privilege. The tribunal concluded in favour of the employer, and held that the evidence should have been inadmissible. It should be noted however that the tribunal also held that the references to the discussions in the grievance committee’s report would be admissible. If they were not, the case for the
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At the new hearings the employer challenged the admissibility of the evidence relied upon before the grievance committee by the employees. The employer argued that the evidence concerning the settlement discussions were protected by ‘without prejudice’ privilege. The tribunal concluded in favour of the employer, and held that the evidence should have been inadmissible. It should be noted however that the tribunal also held that the references to the discussions in the grievance committee’s report would be admissible. If they were not, the case for the
If you work with clients, at some point in your career, you've probably been asked, "What's your hourly rate?" or "How much do you charge per hour?"Now, you and I both know this question isn't totally relevant, even if you provide services like I do. Because it doesn't really matter how much I charge per hour. What the client really wants to know is, "How much is this going to cost me?"But they don't want to pay some astronomical hourly fee, either. They want to feel like you put some eff
The employer submitted that the references to the discussions in the grievance committee’s report should have benefited from the ‘without prejudice’ privilege. They argued that the privilege was of more importance than the due administration of justice in relation to putting the case of the employees under severe prejudice.
The employees submitted that they should be allowed to use the references to the discussions in the grievance committee’s report, as that was the only evidence of what happened in the settlement discussions in support of their victimisation claims. They claimed that the allegations of unwarranted demands for money were not supported by what had occurred in the settlement discussions. Therefore, they argued that they should have been able to rely on the settlement discussions, despite them technically being subject to the ‘without prejudice’ privilege, because there was an overriding public interest in eradicating the evils of victimisation. If they could not rely on the evidence they would not be able to present their case for victimisation.
The employment appeal tribunal held that the employees claims would have been too severely hampered were they not permitted to rely on the settlement discussions as evidence against the allegations that they had not made unwarranted demands for money. The employer, through the publica
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