ARTICLE
21 May 2020

Jersey Employment And Discrimination Tribunal Holds That Advice From HR Consultants Cannot Benefit From Legal Advice Privilege

W
Walkers

Contributor

Walkers is a leading international law firm which advises on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. From our 10 offices, we provide legal, corporate and fiduciary services to global corporations, financial institutions, capital markets participants and investment fund managers.
Legal advice privilege protects confidential communications between lawyers and their clients where legal advice is sought and given.
Jersey Employment and HR

Legal advice privilege protects confidential communications between lawyers and their clients where legal advice is sought and given - it is limited to exchanges between a client and their lawyer and does not extend to third parties, such as HR consultants, accountants or other professionals.

In a recent case the Jersey Employment and Discrimination Tribunal ordered that the written advice given by an HR consultancy to an employee prior to his resignation had to be disclosed, even if the information would in due course undermine the employee's unfair dismissal claim, on the basis that legal privilege did not extend to the documents.

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Article originally published on 29 April 2020

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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