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EAT case re legal advice privilege - Kasongo v Humanscale UK Ltd [EAT] 09.09.19 (Unreported)

An employer, which had waived privilege in respect of an attendance note with its solicitor and an email summarising that advice to its in-house counsel, was guilty of cherry picking when it sought to rely on a draft dismissal letter from its solicitor with the solicitor's comments redacted. The three documents were part of one transaction, namely the seeking of advice concerning the claimant's dismissal. It would be unjust to allow the employer to pick and choose which parts of the letter it was prepared to disclose.
Category: Evidence » Legal professional privilege. Keyword(s): Employment tribunals; Dismissal. Area(s) of law: Employment; Litigation.
Source: UKEAT/0129/19.

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