Scheldebouw B.V v M Evanson

Scheldebouw B.V v M Evanson

The Employment Tribunal correctly applied the objective test from Framlington and found that, prior to December 2018, the parties were not in dispute and did not contemplate litigation if negotiations failed. Therefore, discussions and correspondence before December 2018 were not privileged and could be admitted as evidence.

Parties
Appellant: Scheldebouw B.V.; Respondent: Mr M Evanson
Jurisdiction
England and Wales
Judgment Date
25 March 2022
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Without Prejudice Privilege, Evidence Admissibility, Unlawful Deduction From Wages, Holiday Pay, Settlement Negotiations
Employment Law Civil Procedure Without Prejudice Privilege Evidence Admissibility Unlawful Deduction From Wages Holiday Pay Settlement Negotiations

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Parties

Scheldebouw B.V.

Appellant

Mr M Evanson

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 When does 'without prejudice' privilege attach to settlement negotiations?
  2. 2 Was the Employment Tribunal correct in finding that discussions prior to December 2018 were not privileged?
  3. 3 Did the Tribunal misdirect itself in law or reach a perverse conclusion regarding privilege?

Ratio Decidendi

The Employment Tribunal correctly applied the objective test from Framlington and found that, prior to December 2018, the parties were not in dispute and did not contemplate litigation if negotiations failed. Therefore, discussions and correspondence before December 2018 were not privileged and could be admitted as evidence.

Court Disposition

appeal dismissed

Orders

  • Appeal is dismissed. The Employment Tribunal's decision stands.