Baxter & ors (submultiple of Surtees litigation) v Middlesbrough BC - Job evaluation for purposes of brief to Counsel was subject to privilege  EAT
This appeal concerned case management decisions in the long-running equal pay litigation against local authorities in the North East.
The EAT upheld the original decision of an employment tribunal that details of a 2004 job eveluation exercise were subject to "litigation privilege". Middlesbrough Borough Council were not, therefore, obliged to disclose them. This was in contrast to similar exercises in 2006 and 2007, which had been disclosed.