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Employment law: without prejudice and Employment Rights Act 1996 s.111A - Farrell v Bailey [EAT] 28.06.16 (Unreported)

Employment tribunal proceedings - Admissibility of evidence - Common law “without prejudice” privilege - Employment Rights Act 1996 s.111A. HELD that the tribunal had erred by approaching its task under the section as if it were merely to read across from the common law principles applicable to without prejudice privilege. On the wording of s.111A(2), the fact of any offer or discussions held with a view to terminating employment on agreed terms was rendered inadmissible, not just their content. Further, s.111A did not provide for an exception where the parties agreed to waive privilege.
Category: Employment » Dismissal; Tribunal procedure; England and Wales. Keyword(s): Evidence; Without prejudice communications. Area(s) of law: Employment; Litigation.

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