Legal Privilege
by Liam
The EAT have considered what evidence is subject to legal privilege and therefore does not have to be disclosed in Howes v Hinckley and Bosworth Borough Council.
Legal advice privilege (the rule that legal advice given by a solicitor in his capacity as a Solictor is privileged and therefore not discloseable) does not apply to advice from employment consultants.
Advice from solicitors who work for employment consultants (for example companies like Peninsula, First Business Support, Citation, Croners, LELC) may not be covered by legal privilege especially where such solicitors do not hold themselves out as solicitors. Advice from unqualified helpline or other staff will almost certainly not be subject to legal privilege.
This could have serious consequences for employers who have taken advice from employment consultants, which the employee then seeks to obtain in the course of disclosure in Tribunal proceedings. The employee could well receive a copy of advice that the employer should not take the action that it in fact took and has become the subject of Tribunal proceedings. If an employee gets hold of this, the chances of getting a cheap settlement are very limited indeed - if an employee knows that their employer knows they are fighting a losing battle, no employee in their right mind will accept a low ball offer!
Here at PJH Law, our clients do not need to worry about such matters. All advice here comes from our team of six fully qualified solicitors who all hold current practicing certificates, comply with the regulatory requirements for solicitors, hold appropriate professional indemnity insurance and hold themselves out as solicitors. As such advice given by us is subject to legal privilege and is not normally discloseable in the course of Tribunal proceedings.
Similar Posts: