| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 192 (Dec) |
| Court: | Employment Appeal Tribunal |
| Judge: | Elias J, Mr K Edmondson and Mr M Worthington |
| Representation | Philip Engelman (instructed by Stefan Cross Solicitors, Newcastle-upon-Tyne) for the employees. |
| David Reade QC and Seamus Sweeney (instructed by Robert Rayner, Sunderland) for the employer. | |
| Antony White QC and Jason Galbraith-Marten (instructed by Thompsons, Newcastle-upon-Tyne) for the second and third respondents. | |
| Judgment Dates: | 16 December 2008 |
Catchwords
Employment tribunal - Procedure - Disclosure of documents - Legal privilege - Redaction of documents - Employees in process of ongoing litigation against employer and two trade unions - Employees seeking disclosure of certain legal advice and other documents on basis that privilege in respect of those documents had been waived - Whether privilege had been waived - Whether relevant documents could be redacted.
The Case
Employment tribunal Procedure. Employment Appeal Tribunal: The empoyees' appeal against a decision by an employment tribunal rejecting its application for disclosure of certain legal advice and redacted documents was dismissed in circumstances where here had been no waiver of privilege and the documents in question could be produced in redacted form.
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