Miss Tamara Morris v East Midlands Ambulance Service NHS Trust Record of a Preliminary Hearing at the Employment Tribunal — 2025

The Tribunal considered, on the papers, whether a letter dated 16 May 2025 sent by the Respondent to ACAS and forwarded to the Claimant was protected by privilege or could be admitted because of alleged unambiguous impropriety. The Respondent argued that the letter was protected by statute and common law without prejudice privilege, while the Claimant argued that the communication was not privileged and contained unambiguous impropriety.

Employment Judge Butler held that the Claimant's allegations about the letter and the underlying factual matters had not been determined at this preliminary stage and could not establish unambiguous impropriety. The Tribunal found that the letter remained privileged and could not be admitted into evidence in the proceedings.