Union reps and evidence
by Sarah
I had an interesting Tribunal this week where I was acting for the Claimant. The trade union representative was an employee of the Respondent (as is often the case) and assisted the Claimant in her case whilst she was still an employee.
The Claimant sought legal advice and issued a claim and the trade union representative turned and was actually due to give evidence against the Claimant this week. The rep had disclosed all correspondence between her and the Claimant which the Claimant had never intended the Respondent to see. The advice was not covered by privilege nor were the instructions given to the union representative.
The Claimant was very suprised by the turn of events and this was an unusual case where a trade union rep had turned informant if you like. It does illustrate the importance of getting legal advice as if things do not go your way this is legally privileged.
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