Brunel University & Anor v Webster & Anor

Brunel University & Anor v Webster & Anor

On the unusual facts, the University and respondents bilaterally waived 'without prejudice' privilege by their conduct during formal, adversarial grievance hearings before an independent panel and by relying on the grievance reports in tribunal pleadings. The appeal was dismissed on the ground of bilateral waiver.

Parties
Appellant: Brunel University; Appellant: Professor Schwartz; 1st Respondent: Ms G Webster; 2nd Respondent: Professor S Vaseghi
Jurisdiction
England and Wales
Judgment Date
22 May 2007
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal dismissed; cross-appeal allowed
Legal Topics
Without Prejudice Privilege, Waiver of Privilege, Victimisation, Discrimination, Grievance Procedures
Employment Law Evidence Without Prejudice Privilege Waiver of Privilege Victimisation Discrimination Grievance Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Brunel University

Appellant

Professor Schwartz

Appellant

Ms G Webster

1st Respondent

Professor S Vaseghi

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether 'without prejudice' privilege was waived during grievance proceedings and subsequent litigation
  2. 2 Whether an exception to the 'without prejudice' rule applies in discrimination/victimisation cases
  3. 3 Whether the University’s conduct amounted to bilateral waiver of privilege

Ratio Decidendi

On the unusual facts, the University and respondents bilaterally waived 'without prejudice' privilege by their conduct during formal, adversarial grievance hearings before an independent panel and by relying on the grievance reports in tribunal pleadings. The appeal was dismissed on the ground of bilateral waiver.

Court Disposition

appeal dismissed; cross-appeal allowed

Orders

  • The appeal by Brunel University and Professor Schwartz is dismissed.
  • The cross-appeal by Ms Webster and Professor Vaseghi is allowed.