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Hi

 

I'm in the process of taking my former employer to tribunal for unfair dismissal and have in the last few days received the bundle from their solicitors. Whilst going through this I discovered a series of emails which are conversation between the HR manager and the solicitor. These emails are the day after my appeal meeting and whilst there is nothing "massively incriminating" in the content it’s very clear that the appeal process was over before it began and the decision was never going to alter.

 

These emails have been included in error however I have them now and I want to see if I can use them to my advantage.

 

Should I alert the other party that these emails are in my possession and make them aware of my concerns about the so called "unbiased" appeals procedure? Or should I sit on them until the hearing?

 

I feel like I'm being sneaking but they have treated me so appallingly and they continue to lie about me and whilst I want to just tell the truth and hope justice will prevail, I have feeling that its going to take a little more than that as I cant afford a team of solicitors!

 

Thank you in advance.

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How do you know they have been included in error? If you are going to present them to the tribunal, then you have to disclose them.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Hi Ibruk

 

I assume included in error as on the contents list for the bundle they're listed as emails between respondent and claimaint which obviously they are not. Also the way they talk about me is in my opinion not the way they would if I was to be in receipt of them. Also the solicitor calls in to question some of the processes they followed and expresses doubts.

 

TY.

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think it might be shock.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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If you are referring to an internal appeal then I don't think that failure to reveal them prevent you from supplying them to a later tribunal hearing.

 

I would tend not to reveal them to any internal meeting.

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Ah shock- yes it is a little shocking but their behaviour throughout has been fairly shocking.

 

Bank fodder- the emails refer to the appeal that happened after I was made redundant. The appeal was denied, in the sense that they didn't change their decision and therefore I am now taking them to tribunal. However I would like to know if I can now challenge them on the fairness of their appeal process?

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Update- apparently the emails are subject to " legal privilege" and I'm told to destroy and disregard.

 

I guess I just have to comply with this?

 

Hi Zoe. These emails sound like gold dust. I wouldn't rush to destroy them until you hear from the guys again.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Unfortunately I have alerted the other party to the fact that emails are in my possesion.

 

I did this because if they were to be included in the bundle then I needed to disclosure possession. It appears to me that they havent even read the bundle pack properly.

 

They have now responded and said that I MUST destroy the documents and imform them of such. I havent yet as they drag their heals on everything I ask for.

 

I have had look at legal privilege and it does seem that I do need to honour their instructions however if anyone knows otherwise please let me know!

 

Thank you.

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I don't know about this Zoe, but in case it helps the guys, did you request this information or did you know it existed? Hopefully someone will turn up who knows the answer and I wonder if it's a client/lawyer privilege thing.

 

I can see you don't want to let it go unless you have to, and of course sending it doesn't make them look too good, does it?

 

HB

Illegitimi non carborundum

 

 

 

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Hi

 

No I didnt request this information, it has been included in error. I was unaware it existed until I read through the bundle pack.

 

I dont want to give it up without a fight but Im also consious of appearing like a "vextious" claimant.

 

Sending it doesnt show them in the most favourable light however they are of course saying that the fact the client was seeking legal counsel shows how seriously they took the appeal- er no it shows how keen they were to cover their own ars*s. It does show that I really had no chance and that is obvious piviotal to my case.

 

I wonder if I can approach the tribunal and ask for it to be included?

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I suggest that before you consider destroying the documents you Google 'waiver of privilege'.

 

I will do. At this point Im not destroying anything. They have made a massive error and are now trying to threaten me with legal jargon but until im 100% sure im doing nothing PLus like I say I have asked for a few things and even though I have said please supply within 7 days etc they have yet to respond. As far as Im concerned it works both ways.

 

Thanks

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Communications between a solicitor and their client are generally confidential and they cannot be made to disclose that information.

 

I don't know how it would affect information that has already been disclosed.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Well here is a very similar situation - in the High Court, the Judge upheld, that in this particular case, legal privilege remained, and the employee could not use them. Though the judgement seems to have raised a few eyebrows, regarding the Judge's concept/definition of "public domain"

 

http://herbertsmithlitigationnotes.com/2011/11/22/high-court-restrained-use-of-privileged-documents-disclosed-inadvertently/

 

The recent High Court decision in London Borough of Redbridge and another v Johnson [2011] EWHC 2861 (QB) is a reminder that where privileged documents are disclosed inadvertently (here pursuant to a subject access request under section 7 of the Data Protection Act 1998) privilege will not always be lost. In some circumstances it may be possible to obtain an injunction to prevent subsequent disclosure or use of the documents by the recipient.

 

However, this case involved a Local Authority and their endless coffers of money, and they had to go to High Court to seek an injunction. A normal, small company may not have the resources to do so.

[sIGPIC][/sIGPIC]

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Dont destroy them, add them to the bundle, now you know they are in existence and they refer to you, you have a legal right to have them.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Dont destroy them, add them to the bundle, now you know they are in existence and they refer to you, you have a legal right to have them.

 

Why do you say this? Are you suggesting that the data protection act overrides legal privilege?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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They may indeed be legally privileged, but if you made a DSAR they'd have to be disclosed anyway... You just can't use them because they were sent in error though, unfortunately. I don't think privilege has been waived here, if I'm honest, but now you know they exist a DSAR may be the way to go. It may be worth trying to include them anyway as they did technically disclose them as part of the process... hard to advise without seeing the content though...

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The email from the solicitors say they are subject to legal

Privilege however I know privilege is lost once the documents are disclosed but I also know that if I am aware that these have been sent by mistake I'm obliged to destroy them.

 

I want to know if i can apply to the tribunal to have them included as theyre now in the public domain.

 

I think I going to have to spend 200 quid & ask my solicitor! It's expensive this suing people business!

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Is a DSAR a subject to access request?

 

Now I've seen the emails I can't just pretend they don't exist howeve reading up on privilege waiver etc I would agree that I'm unlikely to win on that point.

 

I'm trying to do this myself with minimal time from a solicitor to manage costs but I think may need advice on this point.

 

I may call ACAS but I have to say I haven't found them to be very good so far.

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I would say that the legal privilege doesn't apply, its up the the client (respondent) to waive the privilege (not the lawyer), and by sending the emails to the claimant they have waived that privilege.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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This is all very confusing. Which I guess they are reliant upon- my lack of legal knowledge.

 

The bundle Inc these emails was sent to me by the solicitors not the respondent and so unless the respondent prepared the bundle & included these items they have not waived legal privilege and even of they did I would expect them to argue that part of the solicitors job is to check through the bundle before sending out, they clearly haven't & if I were the respondent I would question what I'm paying them for!

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indeed, but, and its a big but, you have them, and really it isn't your problem! that's for the respondent to sort out. It might be advisable to speak to the tribunal and ask whether you can submit them.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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