Legal Privilege And Disclosure

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Summary

Legal privilege protects certain communications between a lawyer and their client from being disclosed. In the UK, this privilege can extend to HR professionals under specific conditions, such as confidentiality agreements or when working under an attorneys direction. When responding to a Subject Access Request (SAR), employers must disclose non-privileged communications but can withhold privileged ones. In employment tribunals, both claimants and respondents can request evidence, but requests must be relevant, proportional, and not overly burdensome. Confidential documents, such as attorney-client communications, medical records, and personal data, may be redacted or withheld. Successful strike out applications can dismiss claims with no reasonable prospect of success, scandalous or vexatious claims, or non-compliance with tribunal orders. Appeals against strike out decisions must show an error in law or procedural unfairness and be filed within 42 days. Secure methods should be used to send sensitive information in SAR responses to avoid complaints.

Full Conversation

What does under legal privilege mean when communications or documents can’t be disclosed because of this?
Legal privilege means certain communications between a lawyer and their client are protected from being disclosed to third parties. This protection helps ensure clients can speak freely with their lawyers.
- **Attorney-Client Privilege:** Protects communications between a lawyer and their client.
- **Work Product Doctrine:** Protects materials prepared by or for an attorney in anticipation of litigation.
Where are you located? This will help provide specific information relevant to your jurisdiction.
What about if it’s with HR professional ls not lawyers?
Legal privilege typically applies to communications between a lawyer and their client, but there are some protections related to HR professionals as well:
- **Confidentiality Agreements:** HR professionals may be bound by confidentiality agreements, which prohibit them from disclosing certain information.
- **Work Product Doctrine:** If HR professionals are working under the direction of an attorney, some communications and documents may be protected.
Could you please let me know your location to provide more specific information based on your jurisdiction?
Uk
In the UK, legal privilege generally applies to communications between a lawyer and their client. However, certain protections may extend to HR professionals under specific conditions:
- **Confidentiality Agreements:** These agreements can bind HR professionals to confidentiality regarding certain information.
- **Legal Advice Privilege:** If HR professionals are working under the direction of an attorney, some communications may be protected.
Would you like more detailed information on confidentiality agreements or how privilege might apply in your specific situation?
What if it’s a SAR request from employee?
In the UK, when an employee makes a Subject Access Request (SAR), the following points are relevant:
- **Data Protection Act *:** Employers must respond to a SAR within one month.
- **Legal Privilege Exception:** Privileged communications between a lawyer and client may be exempt from disclosure.
- **HR Records:** Non-privileged communications and records should be disclosed.
Would you like more information on how to handle specific types of documents in a SAR?
Is there any incident where HR records or communications can’t be disclosed?
In the UK, HR records or communications may not be disclosed under certain conditions:
- **Legal Privilege:** Communications involving legal advice from an attorney may be exempt.
- **Confidentiality Agreements:** Specific information protected by confidentiality agreements may not be disclosed.
- **Data Protection Act *:** Some data may be exempt if it affects others' privacy rights.
Would you like more information on a specific exemption?
Are grievance notes, meeting notes and reports on an employees grievance included in a SAR?
In the UK, grievance notes, meeting notes, and reports on an employee's grievance are generally included in a Subject Access Request (SAR). However, there are certain exceptions:
- **Legal Privilege:** Communications involving legal advice may be exempt.
- **Confidentiality Agreements:** Specific confidential information may be protected.
- **Data Protection Act *:** Data affecting others' privacy rights may be exempt.
Would you like more details on any specific type of document or exemption?
Can a claimant ask a respondent anything in terms of evidence for their employment tribunal?
In the UK, a claimant in an employment tribunal can request evidence from the respondent. This process is known as "disclosure." Some key points include:
- **Relevance:** The evidence requested must be relevant to the case.
- **Proportionality:** Requests should be reasonable and not overly burdensome.
- **Confidentiality:** Some documents may be withheld if they are privileged or confidential.
Would you like more detailed information on the disclosure process or specific types of evidence?
Yes
In the UK, the disclosure process in an employment tribunal involves several key aspects:
- **Relevance:** Evidence requested must be pertinent to the issues in the case.
- **Proportionality:** Requests should be reasonable and not cause undue burden.
- **Confidentiality:** Privileged or confidential documents may be withheld.
Would you like more information on how to make a disclosure request effectively or details on specific types of evidence?
Yes
To effectively make a disclosure request in an employment tribunal in the UK, consider the following steps:
- **Written Request:** Submit a formal written request to the respondent.
- **Specify Documents:** Clearly specify the documents or evidence required.
- **Justification:** Explain the relevance of the requested evidence to your case.
- **Reasonableness:** Ensure the request is reasonable and not overly burdensome.
Would you like more details on writing a formal request or on which types of documents to request?
Yes
To write a formal disclosure request for an employment tribunal in the UK, follow these steps:
- **Header:** Include your name, address, and contact details, as well as the tribunal's address.
- **Introduction:** State your case number and the parties involved.
- **Specific Documents:** Clearly list the documents or evidence you need.
- **Justification:** Explain why each document is relevant to your case.
- **Signature:** Sign and date the request.
Would you like a sample template for this letter?
What sort of documents would be confidential?
In the context of an employment tribunal in the UK, the following types of documents may be considered confidential:
- **Attorney-Client Communications:** Protected under legal privilege.
- **Medical Records:** Subject to privacy protections.
- **Personal Data of Others:** Protected under the Data Protection Act *.
- **Company Trade Secrets or Proprietary Information:** May be treated as confidential.
Would you like more information on how to handle confidential documents during the disclosure process?
Docs can be redacted?
Yes, documents can be redacted during the disclosure process in an employment tribunal in the UK. Key points regarding redaction include:
- **Legal Privilege:** Redact information protected under attorney-client privilege.
- **Confidentiality:** Redact personal data or sensitive information.
- **Relevance:** Only redact non-relevant portions of documents.
Would you like more details on how to properly redact documents?
Can the respondent refuse to provide even if redacted?
In the UK, a respondent may refuse to provide documents even if redacted under certain conditions:
- **Legal Privilege:** If the document is still legally privileged.
- **Confidentiality:** If redaction does not sufficiently protect confidential information.
- **Irrelevance:** If the document is deemed irrelevant to the case.
Would you like more detailed information on any specific condition?
How many documents would be considered unreasonable?
The number of documents considered unreasonable in an employment tribunal disclosure request in the UK depends on several factors:
- **Relevance:** All requested documents must be relevant to the issues in the case.
- **Proportionality:** The request should not place an undue burden on the respondent.
- **Specificity:** Requests should be specific and not overly broad.
Would you like more information on how to ensure your request is proportional and specific?
Yes
To ensure your disclosure request in an employment tribunal is proportional and specific in the UK, consider these tips:
- **Targeted Requests:** Identify and request only documents directly relevant to your case.
- **Narrow Scope:** Avoid overly broad or vague requests.
- **Prioritize:** List the most critical documents first.
Would you like a sample template for a well-crafted disclosure request?
What would constitute a strike out application in an ET case?
In an employment tribunal (ET) case in the UK, a strike out application can be made to dismiss a claim or response on various grounds. Key points include:
- **No Reasonable Prospect of Success:** If the claim or response has no reasonable chance of success.
- **Scandalous or Vexatious:** If it's considered scandalous, vexatious, or an abuse of process.
- **Non-Compliance:** Failure to comply with tribunal orders or procedures.
Would you like more information on how to file a strike out application or examples of successful applications?
What’s an abuse of process? Examples?
An abuse of process occurs when legal proceedings are used for an ulterior or improper purpose. Here are some examples:
- **Harassment:** Using legal actions to harass or intimidate the other party.
- **Delay Tactics:** Filing frivolous claims to delay proceedings.
- **Collateral Purpose:** Pursuing a case to achieve something unrelated to the claim.
Would you like more detailed information on how to identify or address abuse of process in your case?
Yes and examples of successful strike out applications
In the UK, successful strike out applications in employment tribunal cases often involve:
- **No Reasonable Prospect of Success:** Dismissal of claims that lack sufficient evidence or legal basis.
- **Scandalous or Vexatious:** Claims considered to harass or vex the respondent.
- **Non-Compliance:** Failure to follow tribunal orders, such as missing deadlines or not providing required documents.

London Central Employment Tribunal


Phone: * * *
Address: Victory House, *-* Kingsway, London WC2B 6EX
Website: www.gov.uk/courts-tribunals/employment-tribunal

Would you like to know more about a specific type of claim or successful case?
Any successful claimant strike outs?
In the UK, successful claimant strike outs in employment tribunal cases often include:
- **No Reasonable Prospect of Success:** Claims without sufficient evidence or legal basis.
- **Scandalous or Vexatious:** Claims intended to harass or vex the respondent.
- **Non-Compliance:** Failure to follow tribunal orders or procedures.
Would you like details on specific cases or examples of successful claimant strike outs?
Yes
In the UK, here are some examples of successful claimant strike outs in employment tribunal cases:
- **No Reasonable Prospect of Success:** Claims that lack a factual or legal basis, such as unsupported allegations.
- **Scandalous or Vexatious:** Claims made with the intent to harass the employer, like repeated unfounded complaints.
- **Non-Compliance:** Cases where the claimant fails to meet tribunal deadlines or provide required documentation.
Would you like details on specific cases or further examples of successful claimant strike outs?
A claimant can apply as well as the resondent?
Yes, in the UK, both a claimant and a respondent can apply for a strike out in an employment tribunal case. Here are some relevant points:
- **Mutual Right:** Both parties can request a strike out.
- **Grounds:** Applications can be made on grounds such as no reasonable prospect of success, scandalous or vexatious claims, and non-compliance with tribunal orders.
Would you like more information on how to apply for a strike out or examples of successful applications?
What happens if a strike out is successful?
If a strike out is successful in a UK employment tribunal case:
- **Dismissal:** The claim or response will be dismissed.
- **Costs:** The tribunal may order the unsuccessful party to pay costs.
- **No Further Action:** The dismissed party cannot pursue that claim or response further.
Would you like more information on the costs involved or the appeal process?
Can an appeal be made against this?
Yes, in the UK, an appeal can be made against a strike out decision in an employment tribunal. Key points include:
- **Grounds for Appeal:** Must show an error in law or procedural unfairness.
- **Time Limit:** Generally, appeals must be filed within 42 days of the tribunal's decision.
Would you like more details on the grounds for appeal or the appeal process?
Shouid a response to a SAR including employee bank details be sent to them by email?
In the UK, when responding to a Subject Access Request (SAR), it's essential to protect sensitive information such as bank details. Here are some points to consider:
- **Data Protection Act *:** Ensure compliance with data protection laws.
- **Secure Methods:** Use secure methods (e.g., encrypted email) to send sensitive information.
- **Verification:** Verify the recipient's identity before sending.
Would you like more information on secure email methods or verification processes?
Yes
To securely respond to a Subject Access Request (SAR) in the UK, consider these steps:
- **Encrypted Email:** Use encryption to protect sensitive information.
- **Password Protection:** Attachments should be password-protected.
- **Verification:** Confirm the recipient’s identity before sending.
- **Secure Platforms:** Consider using secure file-sharing platforms.
Would you like more details on specific encryption tools or secure file-sharing methods?
If they are sent by email can the receiver complain?
In the UK, if sensitive information such as bank details is sent by email in response to a Subject Access Request (SAR), the recipient can complain if proper security measures were not followed. Key points include:
- **Data Protection Act *:** Violations may lead to complaints to the Information Commissioner's Office (ICO).
- **Inadequate Security:** If information was not encrypted or securely transmitted.
Would you like more information on how to handle a complaint or the next steps if a complaint is made?