Interesting case on a number of issues:
by Philip
A case reported here covers the principles governing a number of issues in the conduct of employment tribunal cases:
- When can without prejudice correspondence be disclosed to a Tribunal? Unless the without prejudice correspondence is unambiguously hiding impropriety then the only circumstances it can be shown is where both parties waive privilege.
- The circumstances in which re-engagement can be ordered? An offer having been made and refused, under the cloak of without prejudice correspondence, is not material to a Tribunal’s decision making on re-engagement.
- Whether losses flow after an unfairly dismissed employee finds another job, which he then loses after his probationary period? Losing another, different job, after a probationary period may not break the chain of causation.
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