Legal advice privilege is a long standing rule that protects certain confidential communications between a client and professional legal adviser.  Recent years have seen an increase in the number of non-solicitor organisations (often labelled as ‘Employment Consultants’) providing legal advice to both employers and employees.

However a recent Employment Appeal Tribunal ruling has confirmed that such advice will not benefit from legal advice privilege and, if relevant, may have to be disclosed during Employment Tribunal Proceedings.  The rationale for this is not the maintenance of some form of ‘closed shop’ for solicitors and barristers.  Instead the courts have recognised that lawyers’ advice warrants special treatment given the professional qualifications, regulatory rules (including indemnity insurance) and court duties that they are subject to.

Posted: July 15th, 2008 under Employment/HR.
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