Privilege determined in private

In the case of E LLP v Gray [2012] UKEAT/0585/11/CEA, the Claimant had brought a disability discrimination claim against the Respondent. In the course of the proceedings, a dispute arose as to whether certain oral discussions and written communications were without prejudice and thus inadmissible in evidence. Read on

Employment status of fixed share partners

In what circumstances will a fixed-share partner in an LLP be an employee for the purposes of employment law? Read on

Botham bowls a googly

In the conjoined appeals in Edwards v Chesterfield Royal Hospital NHS Foundation Trust; Botham v Ministry of Defence [2011] UKSC 58 the Supreme Court considered when an employee who has been dismissed can recover damages for breach of express contractual disciplinary procedures during the dismissal process, thereby enabling him to claim more than the often very limited measures of damages available in claims for wrongful or unfair dismissal. No clear answer emerges from the five judgments. Read on

Union members’ right to hold Unison to account

In an important judgment on the interrelationship between trade union rights and Article 11 (right to freedom of association), the EAT held that a union member’s right not to be unjustifiably disciplined for asserting that his union has breached the union’s rules (section 65(2)(c) of TULR(C)A) does not breach Article 11 ECHR. Read on