Mr C Jones v Simpson Millar LLP HELD at Leeds by CVP — 2024

The Tribunal considered whether documents at pages 49 to 85 of the hearing bundle, concerning communications between the claimant and the respondent about the claimant's future employment and possible agreed terms, should be admitted in the unfair dismissal proceedings. It found that documents 49 to 74 and 77 to 85 formed part of a negotiating process aimed at resolving a dispute between the parties without litigation.

The Tribunal held that those documents were privileged under the without prejudice rule and inadmissible. It separately considered section 111A Employment Rights Act 1996 and found that the negotiations were pre-termination negotiations, that section 111A applied, and that there was no improper conduct by the respondent preventing inadmissibility.

Documents 75 and 76 were treated differently: the Tribunal found they were not privileged because they concerned the respondent's strategic decision about the claimant's attendance at senior management team meetings and the claimant's response to that issue.