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