Jersey Employment and Discrimination Tribunal Holds That Advice From HR Consultants Cannot Benefit From Legal Advice Privilege

Legal advice privilege protects confidential communications between lawyers and their clients where legal advice is sought and given - it is limited to exchanges between a client and their lawyer and does not extend to third parties, such as HR consultants, accountants or other professionals.

In a recent case the Jersey Employment and Discrimination Tribunal ordered that the written advice given by an HR consultancy to an employee prior to his resignation had to be disclosed, even if the information would in due course undermine the employee’s unfair dismissal claim, on the basis that legal privilege did not extend to the documents.

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