When are employment related documents or conversations protected against disclosure?

Practical guidance on when communications will remain confidential and inadmissible as evidence.

If a party to a dispute wants to ensure that their written or verbal communications will remain confidential, by virtue of legal privilege or the without prejudice rule, it is important to know what these terms mean and when to use them. Participants on this course will be able to explain the circumstances in which these protections can be used, and how to avoid unwitting mistakes that will result in this protection against disclosure being lost.

The course will cover:

• Information/documents that are legally privileged
• Meaning of the term “without prejudice” [“WP”]
• Examples of when WP protection will be lost
• The difference between the WP rule and “protected conversations” under S.111A of the Employment Rights Act 1996
• The duty to disclose documents in Employment Tribunal cases
• GDPR obligations and requests to disclose witness statements/information containing third party data