Bailey v Faithorn Farrell Timms LLP

Employment – Practice and procedure. The Employment Appeal Tribunal, in allowing the employer's appeal and the employee's cross-appeal, in part, in respect of a claim for constructive unfair dismissal and indirect sex discrimination, ruled on the admissibility of evidence in employment tribunal (the tribunal) proceedings. It held, among other things, that the tribunal had erred it its approach to the principle of admissibility in respect of without prejudice negotiations by wrongly eliding the approach to s 111A of the Employment Rights Act 1996 with that of without prejudice privilege. Section 111A of the Act had to be read on its own terms and did not import the case law underpinning common law without prejudice privilege.

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