Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

ET and redacted documents

Employment and Discrimination Law

ET and redacted documents

Postby Millbrook2 » Thu Jan 25, 2018 5:34 pm

The respondents have redacted parts of two documents in the bundle and have refused to supply the full copies on the grounds that the redacted parts contain legal advice.

Looking at the redacted parts in the context of what goes before and afterwards that looks possible in one case and unlikely in the other.

We have a further case management meeting (as an equal pay claim has been added). Can we inform the judge what has happened and ask that unredacted copies be sent to a judge to rule if we can have them?
Millbrook2
 
Posts: 787
Joined: Tue Nov 27, 2012 9:05 am

Re: ET and redacted documents

Postby atticus » Thu Jan 25, 2018 5:51 pm

You may consider whether the documents properly attract privilege. Books have been written on the subject, but you might start here - Swarb.co.uk digest of Prudential Insurance case in Supreme Court 2013.
User avatar
atticus
 
Posts: 20651
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: ET and redacted documents

Postby Millbrook2 » Thu Jan 25, 2018 5:59 pm

Thanks atticus, I've looked at the link.

The documents in question are internal company documents not documents from their lawyers. It could be that they are quoting legal advice and I am not sure whether internal documents doing so would come within the legal advice privilege.

If internal documents quoting legal advice could come within LAP the question still arises whether we could ask a judge to examine them and rule accordingly.
Millbrook2
 
Posts: 787
Joined: Tue Nov 27, 2012 9:05 am

Re: ET and redacted documents

Postby atticus » Thu Jan 25, 2018 6:32 pm

That is why you need to look at the cases on what is and is not a privileged document. It is not a simple question.

And yes, you may apply for disclosure of the full documents.
User avatar
atticus
 
Posts: 20651
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W


Return to Employment

Who is online

Users browsing this forum: No registered users and 1 guest