Fleming v East of England Ambulance Service NHS Trust

Employment – Practice and procedure. The employee brought a claim for disability discrimination following his dismissal and sought to rely on his recording of conversations with internal panel members during the breaks in a disciplinary hearing. The employment tribunal (the tribunal) ruled that he could not rely on the recording on the basis that it was subject to private or legal privilege. The Employment Appeal Tribunal, in allowing the employee's appeal in part, held that, while legal professional privilege had been established in relation to part of the recording, concerning the balance of it, the public interest in the tribunal hearing any relevant evidence outweighed the public interest in preserving the privacy of the private deliberations of an internal disciplinary panel.

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